5. The Lawyer As Counselor and Duties to Third Persons

Question 1

Lawyer as an Advisor

GRPC 2.1 – Advisor

A lawyer shall:

Answer 1

Exercise independent professional judgment and render candid advice.

Provide advice that goes beyond legal considerations when appropriate, including moral, economic, social, and political factors.

Question 2

True or False: A lawyer can be disciplined for offering highly inflated claims about possible results for the client.

Answer 2

True

Question 3

What does the Rules promote regarding lawyers volunteering advice?

Answer 3

Lawyers are encouraged to offer advice even on matters beyond their representation when adverse outcomes are foreseen for the client.

Question 4

Under what conditions can a lawyer undertake an evaluation affecting a client for the use of someone other than the client?

Answer 4

• The lawyer reasonably believes the evaluation is compatible with the lawyer-client relationship
• The client consents after consultation if the evaluation is likely to adversely affect the client’s interests.

Question 5

Lawyer as a Neutral
GRPC 2.4 – Lawyer as Third-Party Neutral

When a lawyer serves as a third-party neutral (e.g., mediator, arbitrator, conciliator), they must:

Answer 5

Inform unrepresented parties that the lawyer is not representing them.

Explain the lawyer’s role if there is confusion about their capacity as a neutral

Question 6

Responsibilities in Negotiation
GRPC 4.1 – Truthfulness in Statements to Others

When negotiating, a lawyer must:

Answer 6

Not make false statements of material fact or law.

Be truthful, but they are not required to disclose every fact unless nondisclosure would constitute fraud or a violation of the law.

Question 7

Responsibilities When Serving as an Arbitrator, Mediator, or Facilitator

1. Impartiality and Neutrality

Answer 7

A lawyer acting in a non-adversarial neutral role (e.g., mediator or arbitrator) must maintain impartiality and avoid conduct that could suggest bias or favoritism.

Question 8

Responsibilities When Serving as an Arbitrator, Mediator, or Facilitator

2. Informed Consent

If a lawyer transitions from a neutral role (e.g., mediator) to representing one party in the same matter, the lawyer must:

Answer 8

1. Obtain informed consent from all parties involved.
2. Ensure no conflicts of interest arise.

Question 9

Duty to Non-Clients
GRPC 4.3 – Dealing with Unrepresented Persons

When interacting with unrepresented parties in non-adversarial roles:

Answer 9

Avoid giving legal advice (other than advising the person to secure counsel).

Clarify that the lawyer is not representing the unrepresented party if confusion arises.

must NOT Contact potentially adverse parties regarding personal injury or wrongful death within 30 days of the incident.

Question 10

When can a lawyer communicate with someone represented by another lawyer?

Answer 10

Only with that lawyer’s consent or as authorized by law.

Question 11

What is prohibited when communicating with an organizational agent or employee?

Answer 11

Discussing the case without the organization’s lawyer’s consent.

Question 12

What if an agent or employee of the organization has a personal attorney?

Answer 12

If an agent or employee of the organization has a personal attorney, the permission of that attorney is required before a lawyer can communicate with that person.

The opposing lawyer need not, however, get the permission of the organization’s attorney.

Question 13

Duty to Non-Clients

GRPC 4.4 – Respect for Rights of Third Persons

Answer 13

Avoid using methods that have no substantial purpose other than to embarrass, delay, or burden third parties.

Do not improperly obtain evidence or infringe on the legal rights of others.