94-1.

• Case Date: April 15, 1994
• Court: Kansas

Kansas Ethics Opinion 1994. 94-1. April 15, 1994KBA Legal Ethics Opinion No. 94-1April 15, 1994 TOPIC: Attorney obligation to advise clients of ADR options DIGEST: The Model Rules of Professional Conduct as adopted in Kansas require lawyers to discuss Alternative Dispute Resolution methods with clients only when ADR is proposed by the court or opposing counsel. Date of Request: January 25, 1994 REF: MRPC 1.1, 1.2, 1.4, City of Lenexa v. C.L. Fairley Construction Co. Inc., 245 Kan. 316, 777 P.2d 851, 857 (1989). FACTS A client comes to an attorney for legal advice. As part of the advice, the attorney is or becomes aware that the client's problem lends itself to an alternative means of settling the dispute, either mediation or arbitration. The alternative is provided in the local judicial district. If the ADR alternative is successful, more formal litigation may be unnecessary. QUESTIONS Does an attorney have an ethical obligation to inform the attorney's client of ADR options that may be reasonably pursued to attempt to resolve the legal dispute if the option is raised by the court? The option is raised by an opposing party? The attorney is aware of ADR options but neither the court nor the opposing party raises the issue? ANALYSIS Various rules can be interpreted to require advice be given by lawyers to clients about ADR techniques. MRPC 1.1 requires lawyers to be competent and acquire the necessary legal knowledge to represent clients. That implies that as new techniques come along that lawyers will become proficient in them. Not only does that include changes in substantive laws, but also in the use of ADR procedures. MRPC 1.2(a) requires lawyers to abide by a client's decisions concerning the lawful objectives of representation. This statement implies -- and MRPC 1.2 then requires -- lawyers will consult with their clients as to the means the lawyer chooses to pursue. Rule 1.4(a) and (b) requires lawyers to keep clients reasonably informed about the status of matters, comply with reasonable requests for information, and explain matters to clients to help them...