Duties to Legal Profession

Question 1

Can a lawyer communicate representation details to another person the lawyer knows is represented by another lawyer?

Answer 1

No under R.4.2 UNLESS lawyer has the consent of the other lawyer or is authorized by law/court order)

Question 2

Is the lawyer required to notify sender if they inadvertently sent something?

Answer 2

Yes under R.4.4(b)

Question 3

What can’t the lawyer do in making agreements?

Answer 3

Under R.5.6, cannot participate in making agreements that restricts the right of a lawyer to practice exception concerning benefits upon retirement, OR

the restriction of the right to practice is part of the settlement

(ex: can’t represent certain types of clients)

Question 4

Do lawyers have a duty to report misconduct of another lawyer?

Answer 4

Yes under R.8.3, must:

a) inform the appropriate professional authority, BUT this is sometimes limited by R.1.6 (needing client consent