Communication with nonclients Flashcards

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1
Q

Which statement correctly describes a lawyer’s obligation when dealing on behalf of a client with a third party?

A

a lawyer must not knowingly make a false statement of law or material fact.

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2
Q

lthough a lawyer may sometimes disclose facts to a third party to prevent her client from committing a crime or fraud, she may not do so when disclosure is forbidden by the ethical duty of confidentiality. If the duty of confidentiality applies, the lawyer must

A

withdraw from the case.

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3
Q

Without specific authorization from the court or by law, is a lawyer permitted to speak about a matter with a party who is represented by counsel in the matter?

A

A lawyer must not communicate about a matter with a person the lawyer knows is represented by counsel, unless that person’s counsel consents, or unless the law or a court order authorizes the communication. Such communication is prohibited even if the party initiated the communication or consented to it.

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4
Q

Corporations and other organizations are “persons” for purposes of the rule that a lawyer must not communicate about a matter with a person the lawyer knows is represented by counsel. Under this rule, with whom is the lawyer allowed to communicate?

A

Consent is not needed before talking to an employee who no longer works for the organization.

A lawyer must get the consent of the organization’s counsel before communicating with the following constituents of the organization (regardless of whether the employee consents to the communication): (i) A person who supervises, directs, or regularly consults with the organization’s corporate counsel about the matter at hand; (ii) a person whose conduct may be imputed to the organization for purposes of criminal or civil liability; or (iii) a person who has authority to obligate the organization concerning the matter.

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5
Q

The prohibition on speaking with certain represented persons does not prohibit:

A

(i) a lawyer from communicating with a represented person when the communication is authorized by law or court order or when the communication does not concern the subject of the representation;

(ii) represented persons from communicating directly with each other; and

(iii) a lawyer from interviewing an unrepresented person who will be called as a witness by some other party.

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6
Q

A lawyer who represents a client in a matter must not communicate about the matter with a person the lawyer knows is represented by counsel, unless

A

that person’s counsel consents, or unless the law or a court order authorizes the communication.

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7
Q

The rule against contacting represented persons doesn’t prohibit represented persons from communicating

A

directly with each other, and a lawyer may advise their client regarding such communications.

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8
Q

The rule against communicating with persons who are already represented by an attorney in a matter only applies where the communicating lawyer

A

represents a client in that matter and related to the matter.

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9
Q

A lawyer has to get the consent of the organization’s counsel before communicating with:

A

(i) a person who supervises, directs, or regularly consults with the organization’s lawyer about the matter at hand; (ii) a person whose conduct may be imputed to the organization for purposes of criminal or civil liability; or (iii) a person who has authority to obligate the organization concerning the matter.

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10
Q

When dealing with an unrepresented person, a lawyer must not state or imply that the lawyer is

A

disinterested.

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11
Q

When the lawyer knows, or reasonably should know, that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer must

A

make reasonable efforts to correct the misunderstanding.

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12
Q

When a lawyer knows or should know that her client’s interests are likely to be in conflict with those of an unrepresented person, the lawyer can’t

A

give legal advice to that person (other than to get a lawyer).

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13
Q

When a lawyer receives a document, and she knows or reasonably should know that it was sent by mistake, she must

A

Promptly notify the sender so that the sender can take protective measures. Nothing else is required under the Model Rules.

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