Communications with Non Clients Flashcards
1
Q
what counts as puffery
A
during negotiation, estimates of price or value are fine to puff
2
Q
what facts must a lawyer disclose to a third person
A
material facts when necessary to avoid assisting the client in crime or fraud unless confidentiality forbids it. in that case, lawyer must withdraw
3
Q
who can’t you communicate with
A
a represented person without their counsel’s permission
4
Q
who do you have to get an organization’s lawyer’s consent to talk to
A
- a person who supervises, directs or regularly consults with the organizations lawyer about the matter
- a person who’s conduct may be imputed to the org
- a person who has authority to obligate the org
5
Q
who in a represented org do you not need permission to talk to
A
a former constituent of the org. or, if the constituent still works there but has her own counsel, just get his permission
6
Q
how to deal with unrepresented person
A
- don’t act disinterested
- if they think you’re their lawyer, correct them
- if their interests are in conflict with client’s do not give them legal advice other than to get a lawyer
