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Lynne A. Battaglia

Lynne A. Battaglia

Retired Judge, Court of Appeals of Maryland

ATTORNEY GRIEVANCE COMM'N v. RAND (Rand II)

Issue: Where an attorney initially advises a client of the consequences of failing to pursue a course of action, must the lawyer reiterate that same advice thereafter?

Holding: If a lawyer has provided advice which is reasonably necessary to allow the client to make informed decisions about the course of the representation, a failure to repeat this advice in subsequent communications does not violate the Rules of Professional Conduct.

Alleged Violations: Maryland Rules of Professional Conduct 1.1 (Competence), 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 1.15 (Safekeeping Property) and 8.4(d) (Misconduct)

Citation: 429 Md. 674, 57 A.3d 976 (2012)