Part One, the importance of sustaining a client's morale was
discussed. Sustaining morale becomes particularly difficult when
rendering candid advice. Part Two will discuss the balance between
sustaining morale and rendering candid advice.
Rule 2.1 of the Rules of Professional Conduct, in the part
entitled "Counselor," addresses "giving candid
advice":
In representing a
client, a lawyer shall exercise independent professional judgment
and render candid advice. A lawyer should not be deterred from
giving candid advice by the prospect that the advice will be
unpalatable to the client.
The Comment following the Rule 2.1 reveals the delicate balance
a "counselor" must maintain when delivering bad news
– "unpalatable advice" to the client:
