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Alabama Legal Ethics

1.4 Rule 1.4 Communication

1.4:100 Comparative Analysis of Alabama Rule

  • Primary Alabama References: AL Rule 1.4
  • Background References: ABA Model Rule 1.4, Other Jurisdictions
  • Commentary:
  • Alabama Commentary:

1.4:101   Model Rule Comparison

There are no differences between ARPC Rule 1.4 and MRPC Rule 1.4.

1.4:102   Model Code Comparison

Inapplicable.

1.4:200 Duty to Communicate with Client

  • Primary Alabama References: AL Rule 1.4(a)
  • Background References: ABA Model Rule 1.4(a), Other Jurisdictions
  • Commentary: ABA/BNA § 31.501, ALI-LGL §§ 20, Wolfram §§ 4.5, 4.6
  • Alabama Commentary:

Absent an element of dishonesty, fraud, deceit or misrepresentation, it is not unethical, per se, for an attorney who is a party to a conversation with clients, other attorneys, witnesses or others to make a recording of the conversations without the prior knowledge and consent of all the parties thereto. (RO-84-22, Reconsideration).

1.4:300 Duty to Consult with Client

  • Primary Alabama References: AL Rule 1.4(b)
  • Background References: ABA Model Rule 1.4(b), Other Jurisdictions
  • Commentary: ABA/BNA § 31.501, ALI-LGL §§ 20, Wolfram §§ 4.5
  • Alabama Commentary:

A lawyer should keep his client reasonably informed.

1.4:400 Duty to Inform the Client of Settlement Offers

  • Primary Alabama References: AL Rule 1.4
  • Background References: ABA Model Rule 1.4, Other Jurisdictions
  • Commentary: ABA/BNA § 31.501, ALI-LGL §§ 20, Wolfram §§ 4.5
  • Alabama Commentary:

A lawyer has a duty to timely inform clients of all settlement offers.