Transactions with Persons Other than Clients

Question 1

Trans. w/ Persons Other Than Client — 4.1 — Truthfulness in Statements to Others

Answer 1

a) No false statements of material facts
No failure to disclose

• Ordinarily, a lawyer can avoid assisting a clt’s crime or fraud by withdrawing from the representation.
• CA – no noisy withdrawals
• In extreme cases, substantive law may require a lawyer to disclose information relating to the rep to avoid being deemed to have assisted the clt’s crime or fraud.

Question 2

Trans. w/ Persons Other Than Client — 4.2 — Communication With Person Represented by Counsel

Answer 2

CA says nothing about a court order

Question 3

Trans. w/ Persons Other Than Client — 4.3 — Dealing With Unrepresented Person

Answer 3

Don’t fake that you are nonpartisan; no legal advice other than to get a lawyer.

Question 4

Trans. w/ Persons Other Than Client — 4.4 — Respect for Rights of Third Persons

Answer 4

a) No ripping just to rip
Must notify sender of items sent in error

Case Law: in CA, must notify, and refrain from reading no more than absolutely necessary

–CA lawyers have duty to strip metadata from confidential client info before sending it outside