Duties to 3rd Parties Flashcards
4.1 - Truthfulness in Statements to Others
DON’T LIE OR OMIT
(a) Lawyer SHALL NOT make a false statement of MATERIAL FACT or LAW to a 3rd person OR
(b) Lawyer SHALL NOT fail to disclose MATERIAL FACT to 3rd person when disclosure necessary to avoid assisting CRIME or FRAUD by client, unless disclosure prohibited by Rule 1.6
4.2 - Communication with Person Represented by Counsel
DON’T TALK TO OPPOSING CLIENT WHEN THEY DON’T HAVE THEIR LAWYER THERE
Lawyer SHALL NOT communicate about the subject of the rep with a person the lawyer KNOWS to be repped by another lawyer in that matter UNLESS the lawyer has that other lawyer’s consent or is authorized to communicate by law/court order.
4.3 - Dealing with Unrepresented Person
DON’T FEIGN DISINTEREST TO UNREPPED OPPOSING PARTY; CORRECT MISUNDERSTANDING, YOU AREN’T THEIR LAWYER
When dealing with unrepped person on behalf of your client, lawyer SHALL NOT imply disinterest. When lawyer knows or reasonably should know unrepped person misunderstands lawyer’s role, lawyer SHALL correct misunderstanding. Lawyer SHALL NOT give legal advice to unrepped person other than “go get a lawyer” if the lawyer knows or reasonably should know that the unrepped person may have adverse interests against client.
4.4 - Respect for Rights of Third Persons
DON’T BE MEAN TO 3rd PERSONS
LET PEOPLE KNOW IF THEY ACCIDENTALLY SEND YOU STUFF
(a) Lawyer SHALL NOT embarrass, delay, or burden 3rd person or use methods of getting evidence that violate 3rd person’s rights.
(b) Lawyer who gets doc or electronic info about lawyer’s client and KNOWS or REASONABLY SHOULD KNOW that the doc or info was INADVERTENTLY SENT shall promptly notify the sender.
