Final answer:
An attorney must disclose an unasserted claim if it is probable or possible with a reasonable risk of an unfavorable outcome. Disclosure is key in the adversarial judicial system, as dictated by judicial precedents and the Sixth Amendment.
Step-by-step explanation:
In general, an attorney is required to disclose an unasserted claim when it is either probable or possible and there is a reasonable possibility of an unfavorable outcome. The disclosure process is an essential aspect of the adversarial judicial system that demands transparency and sharing of relevant information between the parties. This ensures that each side can prepare adequately for the case, and it helps maintain the integrity of the judicial process. Cases like Strickland v. Washington and Padilla v. Kentucky highlight the importance of attorney performance and duties in client representation. The attorney's obligation to disclose potential claims or consequences, as part of their reasonable performance, upholds the client's right to fair representation as enforced by the Assistance of Counsel Clause of the Sixth Amendment.
In general, an attorney is required to disclose an unasserted claim when it is either probable or possible and there is a reasonable possibility of an unfavorable outcome. This means that if there is a chance that the claim could result in an unfavorable outcome for the client, the attorney must disclose it. The attorney is also required to disclose the unasserted claim if it is probable or possible, regardless of the expected outcome. The key factor is the reasonable possibility of an unfavorable outcome.