7. Transactions & Communications with Persons Other than Clients

Question 1

can you lie to (mislead, etc.) NON-tribunals?—generally

Answer 1

NO! you must not KNOWINGLY make a false statement of material law/fact to ANY 3P.

EXCEPT if you’re negotiating, you can fudge a bit, but not on anything material. even there, you MUST disclose MATERIAL FACT if necessary to avoid helping client commit crime/fraud.

Question 2

can you lie to (mislead, etc.) NON-tribunals?—exceptions

Answer 2

CONFIDENTIALITY TRUMPS THIS!!!

Question 3

REPRESENTED PARTY: can you communicate with them about the matter?—individuals

Answer 3

NO, unless lawyer consents, EVEN if they initiate convo.

UNLESS court order allows.

BUT you can chat about non-case things.

ALSO, your CLIENTS can chat all they want.

Question 4

REPRESENTED PARTY: can you communicate with them about the matter?—organization

Answer 4

you need permission from in-house counsel to talk to CERTAIN employees (unless employee has another employee re: this matter).

1) anyone with authority to obligate organization (e.g. CEO)
2) anyone whose conduct could be imputed to organization (e.g. employee at root of suit)
3) anyone who supervises/regularly consults with in-house counsel.

you can chat with ANY former employee.

Question 5

UNREPRESENTED PARTY: restrictions on communication

Answer 5

1) you can NEVER imply that you’re disinterested or at all on their side.
2) if they THINK they’re on your side, CORRECT that.
3) do NOT give them legal advice if you think it could conflict with client’s interests (but you CAN say, “get a lawyer”)

Question 6

general decorum

Answer 6

1) DO NOT do something with NO SUBSTANTIAL PURPOSE other than to embarrass, delay, or burden

Question 7

what if you get an incorrect email?

Answer 7

1) promptly notify sender
2) use professional judgment
3) look at state law

Question 8

do the communication rules apply to parties on the same side as you (i.e. co-plaintiffs)?

Answer 8

YES—even if it’s a represented person on your side, for example, you MUST communicate with them through attorney.

Question 9

can a lawyer NOT on a certain case talk to a represented party in that case?

Answer 9

YES. restrictions only apply when lawyer herself is involved in case.