Kaplan Mod 7

Question 1

What are different ways that a misrepresentation can occur?

Answer 1

If the lawyer incorporates or affirms a statement of another person that he knows is false, or it can happen through partially true or misleading statements or omissions that are the equivalent of an affirmative false statement

Question 2

If an attorney is speaking to another person that is not your client and is unrepresented, what must the attorney do?

Answer 2

He cannot act disinterested. He must identify his client, and explain that the client has interests opposed to the unrepresented party

Question 3

If you accidentally get something in discovery, that you shouldn’t have gotten, what should you do?

Answer 3

Notify the sender and not look at it, then wait for instructions

Question 4

Lawyers cannot communicate about the subject of the representation with someone that the lawyer knows is represented by another lawyer unless what?

Answer 4

• he has the consent of the other party’s lawyer
  – he is authorized to do so by law or a court order
• he is talking about something that has nothing to do with the case