communication with non clients

Question 1

Truthfulness to non parties

Answer 1

An attorney is prohibited from making false statements of material fact or law to third parties

Question 2

Communication with represented adversaries

Answer 2

A lawyer shall not communicate with an opposing party about the subject of representation unless the lawyer has the consent of the other party’s lawyer or is authorized to so by law or court order.

Question 3

Communication with unrepresented persons

Answer 3

1. A lawyer shall not state or imply that they are disinterested
2. when a lawyer knows or reasonably should know that an unrepresented person misunderstands the lawyers role in a matter, the lawyer shall make reasonable efforts to correct the misunderstanding
3. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure legal counsel, if the lawyer knows or should know that the unrepresented person will have a reasonable possiblity of being in conflict with the interests of his client

Question 4

Communication with witnesses

Answer 4

A lawyer is allowed to communicate with any witness but may not

1. encourage the witness to leave the jurisdiction to avoid testifying
2. harass witnesses or prospective witnesses

Question 5

pre trial communication with jurors

Answer 5

A lawyer may not communicate with members of the panel from which a jury will be selected

Question 6

trial communications with jurors

Answer 6

Only allowed during official court proceedings

Question 7

post trial communications with jurors

Answer 7

an attorney may communicate with a juror or prospective juror after discharge unless

1. prohibited by law or court order
2. desire not to communicate is known to lawyer
3. the communication involves misrepresentation, coercion, duress, or harassment.

Question 8

Communications with the court.

Answer 8

Ex parte communication are prohibited unless

1. there is an emergency, but notice must be given to opposing party ASAP
2. letters to the judge, an attorney may send letters to the judge, but the opposing party must also recieve a copy

Question 9

Gifts to court personel

Answer 9

not cool except for ordinary hospitality

Question 10

communications with press

Answer 10

A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make extrajudicial statements that the lawyer knows or should know will be disseminated by public communication and have a substantial likelyhood of influencing the proceedings