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.
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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 representation.
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. Rule 3.4 (d) directs compliance with such rules or orders.
A lawsuit begins once a plaintiff initiates a civil action against one or more defendants. As soon as the defendant answers, both parties begin to exchange written discovery requests to solicit specific information from the opposing party that is relevant to the litigation.
The obvious question then becomes: what happens if the opposing party withholds discoverable information—such as an insurance policy?
A motion to compel operates as a formal request for the court to require the non-producing party to comply with the discovery requests. This is done by requiring that the offending party must produce whatever information they have withheld.
Determining that the non-producing party has abused discovery can lead to sanctions by the court that takes various forms.
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 representation.
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. Rule 3.4 (d) directs compliance with such rules or orders.