Lawyers must inform current clients when they make material errors, ABA says

[DGUtley]

Lawyers have a duty to inform current clients of material errors committed by the lawyer during the course of representation, according to a recently released ethics opinion from the ABA’s Standing Committee on Ethics and Professional Responsibility. However, the opinion also says that lawyers do not have to inform former clients of such material errors. Formal Ethics Opinion No. 481 explains that this duty is rooted in ABA Model Rules of Professional Conduct Rule 1.4, which governs a lawyer’s duty of communication. That rule requires lawyers to promptly inform clients of any decision or circumstance for which a client’s informed consent is needed. It also requires a lawyer to “reasonably consult” with the client about the means of achieving the client’s goals during representation and keeping the client “reasonably informed” about the progression of the case.

This is one of the hardest things to teach young lawyers: You are going to screw up. Do not hide it, fess up to the client immediately.

Lawyers must inform current clients when they make material errors, ABA ethics opinion says

[Common]

I think a good amount will never own up

[Crepitus]

We need rules to explain this? Hell a friggin waitress should fess up immediately when he or she screws up, much less a lawyer.