Lawyers must “render candid advice” to clients. Lawyers often guide clients through facts or alternatives that feel to the client like a basket of bad options, but being “candid” doesn’t mean being harsh or overly “realistic” while disregarding the client’s feelings. In fact, comment 1 to TDRPC 2.01 suggests that we should communicate in a way that helps “sustain the client’s morale.”

Candid advice should be provided to the client as soon as practicable to allow clients sufficient time to consider, evaluate, and be able to make decisions with this advice in hand.  Waiting to the last minute, such as immediately upon the doorstep of a critical decision (i.e. like within mediation), often creates distrust and can lead to potential problems in the attorney-client relationship.

At the end of the day, clients are to receive their lawyer’s “straightforward advice expressing the lawyer’s honest assessment” of the legal, moral, and ethical issues involved so that the client is empowered to make informed decisions about the matter.