Negotiations, Duties to third parties, Pro bono work

Question 1

What does the duty of candor in negotiations require of an attorney?

Answer 1

Cannot make direct misrepresentations/omissions regarding MATERIAL FACTS during negotiations

Things like your clients willingness to settle/value or estimated prices ARE NOT MATERIAL

Question 2

What does the prohibition against communication with represented parties require of an attorney?

Answer 2

An attorney may not discuss anything about the representation with a represented party without consent of the opposing attorney/ a court order.

Question 3

Must an attorney know a party is represented in order to be liable for their communication with that party?

Answer 3

Yes.

Question 4

What duties does an attorney owe UNREPRESENTED persons?

Answer 4

1.) Cannot state/imply they are disinterested

2.) cannot give legal advice, other than to secure counsel

3.) If unrepresented party assumes they are not disinterested, must clarify the misunderstanding

Question 5

What duties do lawyers owe third parties?

Answer 5

Cant take actions just to embarass/harass

Question 6

What should a lawyer do if they receive a document related to representation which they reasonably know they should not have?

Answer 6

Should inform the sender, BUT NOT OBLIGATED TO NOT READ

Question 7

Are lawyers required to perform pro bono work?

Answer 7

No. But it is recommended that they do about 50 hours a year, of which most should be for indigent clients for free

Question 8

When can a lawyer refuse appointment?

Answer 8

For good cause

1.) Repugnancy
2.) Financial Burden
3.) rep will cause violation of law/professional conduct