Rule 4.1 - Rule 4.2 Flashcards
Rule 4.1
Truthfulness in Statements to Others
Truthfulness in Statements to Others
Rule 4.1
Rule 4.1
In the _______ of _______ a client a lawyer shall not knowingly
course
representing
Rule 4.1
In the course of representing a ______ a ______ shall not knowingly
client
lawyer
Rule 4.1
In the course of representing a client a lawyer _____ _____ ________
shall not knowingly
Rule 4.1
In the course of representing a client a lawyer shall not knowingly
(a) _______ a _____ ______ of material fact or law to a third person; or
(b)
make
false statement
Rule 4.1
In the course of representing a client a lawyer shall not knowingly
(a) Make a false statement of ____ _____ or _____ to a third person; or
(b)
material fact
law
Rule 4.1
In the course of representing a client a lawyer shall not knowingly
(a) ?
(b)
(a) Make a false statement of material fact or law to a third person
Rule 4.1
In the course of representing a client a lawyer shall not knowingly
(a)
(b) _______ to ______ a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.
Fail to disclose
Rule 4.1
In the course of representing a client a lawyer shall not knowingly
(a)
(b) Fail to disclose a ______ _____ when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.
material fact
Rule 4.1
In the course of representing a client a lawyer shall not knowingly
(a)
(b) Fail to disclose a material fact when ______ is _______ to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.
disclosure is necessary
Rule 4.1
In the course of representing a client a lawyer shall not knowingly
(a)
(b) Fail to disclose a material fact when disclosure is necessary to ______ ______ a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.
avoid assisting
Rule 4.1
In the course of representing a client a lawyer shall not knowingly
(a)
(b) Fail to disclose a material fact when disclosure is necessary to avoid assisting a _______ or _______ act by a client, unless disclosure is prohibited by Rule 1.6.
criminal or fraudulent
Rule 4.1
In the course of representing a client a lawyer shall not knowingly
(a)
(b) ?
(b) Fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.
Rule 4.1 – Comment 1
A lawyer is required to be truthful when dealing with others on a client’s behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. Misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements. For dishonest conduct that does not amount to a false statement or for misrepresentations by a lawyer other than in the course of representing a client, see Rule 8.4.