20781854
Description
Flashcards by JD Advising, updated more than 1 year ago
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Created by JD Advising
over 4 years ago
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| Question | Answer |
| What duty does a lawyer owe nonclients with regard to truthful communications? | In the course of representing a client a lawyer shall not knowingly: a) make a false statement of material fact or law to a third person; or b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by the rules of confidentiality. |
| What types of statements are not considered “statements of fact” during negotiations? | Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of material fact such as: a) estimates of price or value placed on the subject of a transaction; b) a party’s intentions as to an acceptable settlement of a claim; or c) the existence of an undisclosed principal, except where nondisclosure of the principal would constitute fraud. |
| When may a lawyer communicate with a person represented by another lawyer? | In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order. If a lawyer learns that a person whom he is talking to is represented by a lawyer, the lawyer must immediately terminate communication with the person. The rule applies even though the represented person initiates or consents to the communication. This rule does not prohibit communication with a represented person, or an employee or agent of such a person, concerning matters outside the representation. |
| Who at an organization may a lawyer communicate with when that organization is represented by another attorney? | In the case of a represented organization, a lawyer is prohibited from communicating with: a) a constituent of the organization who supervises, directs, or regularly consults with the organization’s lawyer concerning the matter; b) has the authority to obligate the organization with respect to the matter; or c) whose act or omission in connection with the matter may be imputed to the organization for purposes of civil or criminal liability. Note: Consent of the organization’s lawyer is not required for communication with a former constituent. (However, a lawyer cannot try to violate the organization’s legal rights, such as the attorney-client privilege, by asking the former constituent what they told their attorney, for example.) |
| When communicating with an unrepresented person, what kinds of statements is the lawyer permitted (or not permitted) to make? | In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client. |
| What principles govern a lawyer’s communications with third parties? | General rule: in representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person or use methods of obtaining evidence that violate the legal rights of such a person. A lawyer who receives a document or electronically stored information relating to the representation of the lawyer's client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall promptly notify the sender. |
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