Transactions with Persons Other Than Clients

Question 1

Rule 4.1 Truthfulness in Statements to Others

Answer 1

In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

(b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

Question 2

Rule 4.2 Communication with Person Represented by Counsel

Answer 2

No Contact Rule:
Don’t communicate about the case with someone known to be represented by another lawyer unless:
- Consent from the other lawyer.
- Authorized by law or court order.

Question 3

Rule 4.3 Dealing with Unrepresented Person

Answer 3

1. No False Impartiality: Don’t state or imply that you’re disinterested.
2. Correct Misunderstanding: If the unrepresented person misunderstands your role, correct it.
3. No Legal Advice: Don’t give legal advice if their interests conflict with your client’s, except to advise them to get counsel.

Question 4

Rule 4.4 Respect for Rights of Third Persons

Answer 4

1. No Harassment or Abuse: Don’t use tactics to embarrass, delay, or burden without substantial purpose.
2. No Rights Violation: Don’t obtain evidence using methods that violate legal rights.
3. Inadvertent Receipt: If you receive a document or info inadvertently, promptly notify the sender.