Transactions & Communications with Non-Clients

Question 1

Truthful Communication

Rule

Answer 1

A lawyer must:
* Not knowlingly make false statements of material fact or law to a third person
* Disclose material fact necessary to avoid helping client commit a crime or fraud

Puffery in negotiating is allowed

Must still abide to ethical duty of confidentiality unless an exception applies

Question 2

Communications with Represented Persons

Rule

Answer 2

A lawyer must have consent from counsel before talking to a represented person about the matter.

Also applies to lawyers acting pro se

Exception: parties can communicate directly with each other

Question 3

Communications with Represented Organizations

Rule

Answer 3

A lawyer must have consent from counsel before talking to:
* anyone with authority to obligate the organization
* anyone whose conduct can be imputed to the organization
* anyone who supervises or regularly consults with the organization’s lawyer

Also applies to lawyers acting pro se

Question 4

Communications with Unrepresented Persons

Rule

Answer 4

A lawyer must not:
* act disinterested apart from their client
* give legal advice if reasonably possible client’s interests will conflict

Question 5

Respect Rights of Third Persons

Rule

Answer 5

• Cannot do something with no substantial purpose other than to embarrass, delay, or burden someone.
• Must promptly notify sender if receive documents by mistake.

Follow state’s procedure on what to do afte notifying sender