7.A Duties to 3rd Parties & Profession

Question 1

Rules re: 3rd parties?

Answer 1

False statements or fail to disclose

Question 2

Represented 3rd parties?

Answer 2

No direct/indirect (via agent) contact
+ actually know represented
+ about matter
+ w/out consent from their lawyer

If employee - no if manager or person whose acts/omissions can be imputed to company

Question 3

Unrepresented 3rd parties?

Answer 3

If adverse to client
+ cannot pretend to be disinterested
+ give advice - other than to get counsel
+ seek privileged or confidential info

Question 4

What are the rules around actions with “no substantial purpose”

Answer 4

Federal: embarrass, burden, delay or obtain evidence in a way that violates someone’s rights

CA: if to delay or prolong or cause needless expense

Question 5

What if you inadvertently receive information?

Answer 5

know/should know? tell the sender

CA:
+ do not read/examine
+ return to sender

Question 6

Bar application?

Answer 6

Can’t lie on yours or for anothers

Question 7

What if you know of another lawyer’s misconduct?

Answer 7

It’s a self-regulated profession, there’s a snitching rule, if you fail to report misconduct you could be diciplined (CA: no snitching requirement)

CA: self reporting within 30 days of

CRIMES: (i) charge with felony; (2) conviction for crime or misdemeanor involving legal services (3) any other crime involving moral turpitude or dishonesty

FRAUD: judgment for fraud, misrepresentation, breach of duty or gross negligence

LAWSUITS: 3 or more in one year (malpractice / other wrongful professional misconduct)