1.5 Client Communications

• Library: The Virginia Lawyer: A Deskbook for Practitioners (Virginia CLE) (2022 Ed.)

1.5 CLIENT COMMUNICATIONS ³⁴

Virginia Rule of Professional Conduct 1.4 states that "[a] lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information."

The golden rule of client communications is to respond promptly to any client request. If the attorney will be unable to respond promptly, voice mail and email messages should so advise or callers should be forwarded to another contact person. When speaking with clients, an attorney should always remember that many of the terms and parlance of lawyers are not terms known to the public. Obviously, condescension is not desirable, but straightforward explanations of terms can assist a client greatly.

The easiest way to comply with Rule 1.4 is to copy clients on all correspondence, email, and filings. Keeping clients informed is not only an ethical mandate but also a wise practice because it may help ensure the payment of fees. Ideally, the attorney or staff member should document every substantive client communication using a consistent system, whether by computer, telephone log, or simple notes put into the client's file. The attorney should record even unsuccessful telephone contacts, noting when he or she placed the call and whether he or...