Duties and Bounds of Lawyer's Representation: Transactions with 3rd Persons

Question 1

What is the rule re: communication with represented parties?

Answer 1

Lawyer may NOT communicate w a party he KNOWS to be represented in the matter, unless:

1. granted permission by counsel;
2. authorized by law

NOTE –> this is true even if the represented party reaches out to them first, or consented

Question 2

How is the rule re: communication with represented parties apply to organizations?

Answer 2

Lawyer MUST get consent of organization’s counsel before communicating w someone who:

1. supervises or regularly consults w organizations attorney about the matter;
2. has authority to obligate org about that matter; OR
3. whose conduct in the matter may be imputed to the org

NOTE –> if the person has their OWN counsel, the consent of their counsel is sufficient to allow communication

NOTE –> this rule does not apply to a FORMER constituent

Question 3

What are the rules re: communication with an unrepresented person?

Answer 3

If person is NOT represented, lawyer MAY communicate directly. However:

(1) Lawyer MUST not state or imply she is disinterested;
(2) must CLEAR UP misunderstandings about her role in matter; AND
(3) must NOT give advice other than to get a lawyer if she knows that her client’s interests have a reasonable chance of being adverse to the party

Question 4

What is the rule w regards to rights of 3rd persons?

Answer 4

In representing a client, a lawyer MUST NOT use:

1. means that have NO SUBSTANTIAL PURPOSE other than to embarrass, delay, or burden a 3rd party;
2. methods of obtaining evidence that violate the rights of that person

Question 5

What is the rule w regards to truthfulness in statements to third parties?

Answer 5

A lawyer must not knowingly:

1. make a FALSE STATEMENT of material fact or law to a 3rd person;
2. fail to disclose a material fact to a 3rd person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, UNLESS disclosure is prohibited by RPC 1.6

Question 6

Under RPC, what is the rule if lawyer inadvertently receives a privileged document?

Answer 6

Lawyer must:

1. stop reading
2. promptly notify sender

Question 7

What is the CA rule if lawyer receives privileged docs from anonymous source?

Answer 7

Lawyer must:

1. stop reading
2. notify opposing counsel