Draft or Edit Client Correspondence - Next Generation Bar Exam
- Under MRPC 1.4(a), what must a lawyer keep the client reasonably informed about?
- The status of the matter. The lawyer must also promptly comply with reasonable requests for information.
- What is the appropriate tone and language for a letter to a lay client?
- Plain, clear language that avoids unexplained legal jargon. The client must be able to understand the advice to act on it.
- A draft letter to a client says, 'You will certainly win at trial.' What revision is needed?
- Replace it with a candid assessment of the strengths and risks. No lawyer can guarantee a trial result.
- How should a client letter address the likelihood of success?
- By giving a candid assessment of risks, without guaranteeing an outcome. Overstating the likelihood of success may mislead the client.
- What should a client letter include when it reports a settlement offer?
- The terms of the offer, the lawyer's assessment, and a request for the client's decision. The decision to settle belongs to the client under MRPC 1.2(a).
- A lawyer learns the opposing party has made a settlement offer. When must the lawyer inform the client?
- Promptly. Under MRPC 1.4, a lawyer must promptly communicate offers unless the client has previously indicated how to respond.
- Where should the bottom-line advice appear in a client advice letter?
- Near the beginning of the letter. Clients need the conclusion and recommended next steps before the detailed reasoning.
- A draft letter to an unsophisticated client is full of Latin phrases and case citations. What revision is needed?
- Rewrite it in plain language explaining the practical effect of the law. Correspondence must permit the client to make informed decisions.
- Under MRPC 1.6(c), what must a lawyer do when sending confidential client information by email?
- Make reasonable efforts to prevent unauthorized disclosure or access. Reasonable efforts may include confirming the recipient address and using secure methods where needed.
- Under MRPC 1.4(b), how fully must a lawyer explain a matter to the client?
- To the extent reasonably necessary to permit the client to make informed decisions. The explanation should fit the client's sophistication and the decision at hand.
- What should a client advice letter include regarding next steps?
- Specific actions to be taken, by whom, and any deadlines. Clear next steps help the client act promptly.