Article 4 Transactions with Persons Other Than Clients

Question 1

Rule 4.4 Respect for Rights of Third Persons

Answer 1

(a) In reping a client, the lawyer shall not use means that have no other purpose than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of a third person
(b) A lawyer who receives a document or electrically stored info relating to the rep of the lawyer’s client and knows or reasonably should know that the doc or electrically stored info was inadvertently sent shall promptly notify the sender.

Question 2

Rule 4.1 Truthfulness in Statements to Others

Answer 2

In the course of reping 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 1.6

Question 3

Rule 4.3 Dealing with Unrepresented Persons

Answer 3

• 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

Question 4

4.2 Communication with Person Represented by Counsel

Answer 4

In reping a client, a lawyer shall not communicate about the subject of the rep 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 the court