United States District Court
Northern District Of Illinois
Local Rules
LR83.51.4. Communication
(a) A lawyer shall keep a client reasonably informed about the status of a matter
and promptly comply with reasonable requests for information.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit
the client to make informed decisions regarding the representation.
Committee Comment. General. The client should have sufficient information to participate intelligently in
decisions concerning the objectives of the the representation and the means by
which they are to be pursued, to the extent the client is willing and able to
do so. For example, a lawyer negotiating on behalf of a client should provide
the client with facts relevant to the matter, inform the client of communications
from another party and take reasonable steps that permit the client to make a
decision regarding a serious offer from another party. A lawyer who receives
from opposing counsel an offer of settlement in a civil controversy or a
proffered plea bargain in a criminal case should promptly inform the client of its
substance unless prior discussions with the client have left it clear that the
proposal will be unacceptable. See LR83.51.2(a). Even when a client delegates authority to the lawyer, the
client should be kept advised of the status of the matter.
Adequacy of communication depends in part on the kind of advice or assistance
involved. For example, in negotiations where there is time to explain a
proposal, the lawyer should review all important provisions with the client before
proceeding to an agreement. In litigation a lawyer should explain the general
strategy and prospects of success and ordinarily should consult the client on
tactics that might injure or coerce others. On the other hand, a lawyer ordinarily
cannot be expected to describe trial or negotiation strategy in detail. The
guiding principle is that the lawyer should fulfill reasonable client expectations
for information consistent with the duty to act in the client’s best interests, and the client’s overall requirements as to the character of the representation.
Ordinarily, the information to be provided is that appropriate for a client
who is a comprehending and responsible adult. However, fully informing the client
according to this standard may be impracticable, for example, when the client
is a child or suffers from mental disability. SeeLR83.51.14. When the client is
an organization or group, it is often impossible or inappropriate to inform
every one of its members about its legal affairs; ordinarily, the lawyer should
address communications to the appropriate officials of the organization. See LR83.51.13. Where many routine matters are involved, a system of limited or
occasional reporting may be arranged with the client. Practical exigency may also
require a lawyer to act for a client without prior consultation.
Withholding Information. In some circumstances, a lawyer may be justified in delaying transmission of
information when the client would be likely to react imprudently to an immediate
communication. Thus, a lawyer might withhold a psychiatric diagnosis of a
client when the examining psychiatrist indicates that disclosure would harm the
client. A lawyer may not withhold information to serve the lawyer’s own interest or convenience. Rules or court orders governing litigation may
provide that information supplied to a lawyer may not be disclosed to the
client.