Taking Attorney-Client Communications (and therefore Clients) Seriously
University of Denver Sturm College of Law
July 27, 2008
University of San Francisco Law Review (U.S.F.L.), Vol. 42, p. 747, 2008
U Denver Legal Studies Research Paper No. 08-19
This Article argues that the communications regime orchestrated by the ABA Model Rules of Professional Conduct is intentionally designed to create a one-way street, systematically channeling information in the attorney-client relationship in lawyers' direction while often leaving clients in the dark. Furthermore, the asymmetric distribution of information in the attorney-client relationship is not in clients' best interests but rather grounded in lawyers' self-interest and in a paternalistic approach that fails to take communications, and therefore clients, seriously. Finally, taking communications, and thus clients, seriously requires adopting a new communications regime that would mandate disclosure of all material information to clients. The Article proposes a materiality-based communications regime and explores its application in several contexts.
Number of Pages in PDF File: 53
Date posted: July 31, 2008 ; Last revised: March 22, 2012