4.1 and Comment 1

Question 1

Rule 4.1

Answer 1

TRUTHFULNESS IN STATEMENTS TO OTHERS

Question 2

Rule 4.1 In the course of representing a client a lawyer shall not _____________

Answer 2

knowingly

Question 3

Rule 4.1 in the course of representing a client a lawyer shall not
(a) make a _______ _________ of material fact or law to a third person; or
(b)

Answer 3

false statement

Question 4

Rule 4.1 in the course of representing a client a lawyer shall not
(a) make a _______ _________ of _______ ________ or ______ to a third person; or
(b)

Answer 4

false statement of material fact or law

Question 5

Rule 4.1 in the course of representing a client a lawyer shall not
(a) make a false statement of material fact or law to a third person; or
(b) fail to _______ a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

Answer 5

disclose

Question 6

Rule 4.1 in the course of representing a client a lawyer shall not
(a) make a false statement of material fact or law to a third person; or
(b) fail to disclose a material fact when disclosure is necessary to avoid assisting a ________ or __________ act by a client, unless disclosure is prohibited by Rule 1.6.

Answer 6

criminal or fraudulent

Question 7

Comment 1: Misrepresentation

A lawyer is required to be truthful when dealing with others on a client’s behalf, but generally has no affirmative duty to inform an opposing party of relevant facts.

A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false.

Misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements.

For dishonest conduct that does not amount to a false statement or for misrepresentation by a lawyer other than in the course of representing a client, see Rule 8.4. !!

Answer 7

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