Communications with Non Clients Flashcards
(7 cards)
When dealing on behalf of client with third person, is lawyer subject to telling the truth?
YES. When dealing on behalf of a client with a third person, a lawyer must not knowingly make a false statement of law or material fact.
Communication with Person Represented by Counsel
Cannot communicate about the subject of the representation with a person the lawyer knows is represented by another lawyer in the matter UNLESS the lawyer has consent from their counsel or is authorized to do so by law or a court order. ONLY applies when the lawyer represents an actual client in the matter. Consultations by already represented persons OK.
Dealing with Unrepresented Person
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 towards their client.
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 only legal advice the lawyer can give to an unrepresented person when they know or reasonably should know that the interests of the unrepresented person are or have a possibility of being in conflict with the interests of their client is to secure counsel
Contacting Unrepresented Persons for an Interview
A lawyer has to get the consent of the organization’s counsel before communicating with: (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 (high ranking authorities). Former employees OK.
What if you do not know that a person is represented by counsel?
Then it’s fine. If you have no reason to know then, communication with that person is allowed so long as you don’t stay or imply you are disinterested or don’t give any legal advice
Accidental communications opposing counsel
When a lawyer receives a document, and she knows or reasonably should know that it was sent by mistake, she must promptly notify the sender so that the sender can take protective measures. Nothing else is required under the Model Rules, which don’t address some related questions on which state law is split
Lawyer Speaking at Non-Adjudicative Body
When a lawyer appears before a nonadjudicative body on behalf of a client, he must disclose that he is acting in a representative capacity. [ABA Model Rule 3.9] One important purpose of the Rule is to enable the members of the nonadjudicative body to assess the biases that may influence the lawyer’s testimony.
