Communications with Others Flashcards
What is the rule about communicating with people who are represented?
A lawyer cannot communicate with a represented person about the subject of the representation unless they have consent or authorization.
What is the rule about communicating with organizations that are represented?
Unless they have consent or authorization, a lawyer cannot communicate with constituents of an organization (i.e. employees) about the subject of their representation, who:
1. Supervise, direct, or regularly consult with the org lawyer about the subject of representation
2. have authority to obligate the organization concerning the subject of representation
3. whose conduct could be imputed to the organization for liability purposes.
What if a represented person initiates communication with the attorney?
The prohibitions on speaking with represented persons still apply.
What are a lawyers duties in communicating with unrepresented individuals
The lawyer must
1. not state or imply that they are disinterested
2. make reasonable efforts to correct any the person’s misconceptions about the lawyer’s role
3. not give legal advice if they know or reasonably know that the person’s interests conflict with that of their client (they can suggest the person hire an attorney)
