Final answer:
The attorney must disclose an unasserted claim when it is probable that the claim will be asserted and there is a reasonable possibility of an unfavorable outcome; the correct answer is 1) probable, reasonable possibility.
Step-by-step explanation:
Disclosure is a fundamental aspect of the legal profession, and attorneys are bound by ethical and professional obligations to provide comprehensive information to ensure a fair and just legal process. According to legal standards and the duty of disclosure, attorneys are generally required to disclose unasserted claims when there is a probability that the claim will be asserted, coupled with a reasonable possibility that the outcome will be unfavorable.
This obligation stems from the broader principles of transparency and fairness that underpin the justice system. The duty of disclosure is not only a legal requirement but also a manifestation of the attorney's ethical responsibilities. Strickland v. Washington and Padilla v. Kentucky are landmark cases that underscore the standards for effective counsel and illuminate the duty to inform clients about legal consequences.
In Strickland, the Supreme Court articulated the criteria for assessing the effectiveness of counsel, emphasizing the importance of informed decision-making by clients. Similarly, Padilla established that attorneys must inform their clients about collateral consequences, such as deportation risks, arising from their legal decisions. These cases highlight the intersection of legal and ethical obligations, emphasizing the attorney's duty to provide accurate and timely information to clients.
In essence, the duty of disclosure ensures that all parties involved in legal proceedings have access to relevant information, promoting transparency, fairness, and the integrity of the justice system. Attorneys play a crucial role in upholding these principles, balancing legal requirements with ethical standards to fulfill their responsibilities to the court and their clients.