Duties to Third Parties Flashcards
Lawyers have a duty to refrain from making a statement that is
False and Material
(stating an opinion that you dont believe in is not a false and material statement)
A lawyer’s engaging in live contact with potential jurors is
prohibited
In Virginia, a lawyer is prohibited from using means that have no substantial purpose other than to
embarrass, delay, or burden a third person
In Virginia, a lawyer who receives a inadvertent disclosure is
requires to inform the sender, send it back, and abide by the instructions of the sender
The no contact rule states that
A lawyer cannot contract a represented opposing party without first getting the approval form their laywer
Witness are not
included in the no contact rule (you can contact them)
Except current employees of a represented org. (you cannot contract them)
In Virginia, the no contact rule does not apply to
Former agents or employees of an organization
An attorney may communicate ex parte with a former agent/employee
When a lawyer is communicating with an unrepresented party
He is under an affirmative obligation to refrain from stating or implying that he is disinterested in the matter. Any effort to mislead an unrepresented person about the lawyer’s interests subjects the lawyer to discipline
Lawyers are prohibited from giving legal advice to unrepresented parties except
to advise them to seek legal counsel
In Virgina, a departing lawyer from a law firm must
negotiate a joint communication to the client asking whether the client wishes to go with the departing lawyer, stay with the frim, or get new counsel. If the client does not respond, the default is that the client stays with the frim
A lawyer can be liable to a _____ beneficiary
intended beneficiary
(like when lawyer messes up in setting up a trust)
