Lawyers Must Address Language Barriers With Clients, ABA Says

Lawyers must make every effort to effectively communicate with clients with limited English proficiency or who have a hearing or speech impairment, the American Bar Association said.

“Lawyers must communicate with clients in a manner that is reasonably understandable to those clients,” an ABA ethics committee opinion said Oct. 6.

Providing competent legal services may mean that an attorney would need to hire outside help to ensure effective communication.

Communication challenges is an issue more lawyers face due to changing population demographics, the opinion said.

Clients must make informed decisions so lawyers must determine whether an interpreter or technology assistance is necessary to satisfy professional obligations once they become aware of a “language access issue,” the opinion said.

Any doubt about whether communication is effective should be resolved in favor of getting help, it said.

Interpreters should be impartial and able to explain legal concepts. Any outside service also must comply with ABA model rule 5.3 for nonlawyer assistance, the opinion said.

Services must be “provided in a manner that is compatible with the lawyer’s ethical obligations, particularly the Rule 1.6 duty of confidentiality,” the opinion said. Attorneys can withdraw representation if services are too expensive.

Competent representation also includes paying “close attention to social and cultural differences that can affect a client’s understanding of legal advice,” so information isn’t lost in translation, the opinion said.

The opinion is ABA Standing Comm. on Ethics & Prof’l Responsibility, Formal Op. 500, 10/6/21.