Rule 4.1: Truthfulness in Statements to Others

Question 1

What does Rule 4.1 require of lawyers?

Answer 1

To be honest in their communication with third parties while representing a client

Question 2

Under Rule 4.1, in the course of representing a client, a lawyer SHALL NOT knowingly

Answer 2

(A) No False statements of Material Fact or Law
(B) No Concealment of Key Facts to Assist Fraud or Crime

Question 3

Under Rule 4.1(a), False Statements of Material Fact or Law, what can a lawyer NOT do:

Answer 3

1. Knowingly lie about important facts or legal issues to someone else (like opposing party)
   - Does NOT mean lawyer has to be completely open about everything, just cannot lie about critical facts or law

Question 4

Under Rule 4.1(b), No Concealment of Key Facts to Assist Fraud of Crime, what can a lawyer NOT do?

Answer 4

1. A lawyer cannot stay silent if disclosure is necessary to prevent helping the wrongdoing
2. ONLY APPLIES: if the lawyer is legally allowed to disclose the information (if info is not protected under Rule 1.6)