Themis Essay 5312 Flashcards
A lawyer may not communicate with an opposing party who
is represented by counsel without counsel’s consent when the communication concerns a subject for which the lawyer is representing a client.
When an opposing party is an organization, a lawyer may not contact (without counsel present)
the employees who supervise, direct, or regularly consult with the organization’s lawyer regarding the subject matter of the representation.
A lawyer may contact (without counsel present)
former employees or agents of an organization that is an opposing party.
A lawyer is not prohibited from communicating with
unrepresented persons who are involved in a client’s matter.
When communicating with unrepresented persons, a lawyer is under an affirmative obligation to
refrain from stating or implying that the lawyer is disinterested in the matter about which the lawyer is communicating.
Under the Virginia Rules of Professional Conduct, a lawyer owes a duty of
confidentiality to a client that generally prohibits the disclosure of information communicated in confidence to the lawyer.
When a lawyer knows that a client has committed perjury by lying under oath, the lawyer should
attempt to persuade the client to rectify the matter by revealing the fraud and testifying truthfully; if that fails and proceedings are ongoing, the lawyer must reveal the perjury.
A lawyer has a duty to keep a client
informed of the status of the client’s matter, and to communicate and reasonably share decision-making responsibilities with the client.
A lawyer has a duty to inform a client of a
settlement offer and abide by the client’s decision regarding acceptance.
A lawyer has a duty to act with reasonable diligence in
representing a client and should not let ordinary event, such as other work obligations, prevent the lawyer from acting.
A lawyer has a duty to take personal health issues
into consideration and make plans for the client’s representation accordingly.
