Limitations on the Duty to Advise: Knowing When It’s Time to Say More, Not Less, 83 Journal, N.Y.S.Bar Assoc. 33 (2011)

Abstract:When advising a client, it sometimes is important to consider not only what not to say, but how much you are required to say. Where is the line when it comes to the obligation to advise about all the consequences of your client’s actions? This question can be troubling, and how you elect to answer it can possibly lead to a claim for malpractice. Do you have a legal duty to advise the client as to all the consequences that might result from a client’s action? And if you fail to provide adequate guidance, can you be held liable for malpractice?

It turns out that, at least in New York, these are very tricky questions. This article is about the twists and turns that must be confronted before a satisfactory answer can be arrived at. While the article focuses on the issues within the contect of criminal law, the rules discussed have broad application to all areas of the law.