Transactions and communications with non-clients

Question 1

can you knowingly make a false statement or representation of material fact or law to a non-client?

Answer 1

no, but puffery ok

Question 2

can you disclose material fact if necessary to avoid helping client commit crime or fraud?

Answer 2

yes but must be within confidentiality exception like using your services to commit fraud.

If no exception applies, then withdraw

Question 3

true or false: you can talk to the opposing party without getting the lawyer’s consent if they initiate the conversation

Answer 3

NO, even if they initiate, must get lawyer’s consent (or court order)

only applies if you’re talking abut the matter. You can talk about other things

Question 4

can you console your client to talk to opposing party?

Answer 4

yes

Question 5

if opposing party is organization, who can you talk to about the matter from the org?

Answer 5

need consent from corporate counsel to talk to
1. anyone with authority to obligate the org
2. anyone whose conduct can be imputed to the org (random witness ok)
3. anyone who supervises or regularly consults with corporate counsel

Question 6

can you imply that you are disinterested when talking to unrepresented third party?

Answer 6

NO

Question 7

can you give unrepresented person legal advice if there is a COI?

Answer 7

NO, you can only tell them to get a lawyer

Question 8

If you received an electronic file that wasn’t meant for you, what do you do?

Answer 8

promptly notify the sender

whether you look at it, follow state law.

Question 9

can you talk to a represented third party if they call you as a prospective client?

Answer 9

yes, if you are not representing anyone in that prospective client’s case