MUST LAWYERS TELL CLIENTS ABOUT ADR

As court backlogs and costs continue to grow, the need for alternative s to litigation has thrust ADR into a spotlight of public awareness, b ut it is up to lawyers to explain when and how ADR can be used. Some s tates-as well as the American Bar Association, in somewhat more genera l terms in its Model Rules-have adopted attorney rules that may impose a duty on lawyers to present ADR options to clients. The author argue s that when a lawyer fails to tell a client about ADR, the client has been wronged, and the lawyer may be at risk of discipline or malpracti ce liability.