Communication with nonclients Flashcards
Which statement correctly describes a lawyer’s obligation when dealing on behalf of a client with a third party?
a lawyer must not knowingly make a false statement of law or material fact.
lthough a lawyer may sometimes disclose facts to a third party to prevent her client from committing a crime or fraud, she may not do so when disclosure is forbidden by the ethical duty of confidentiality. If the duty of confidentiality applies, the lawyer must
withdraw from the case.
Without specific authorization from the court or by law, is a lawyer permitted to speak about a matter with a party who is represented by counsel in the matter?
A lawyer must not communicate about a matter with a person the lawyer knows is represented by counsel, unless that person’s counsel consents, or unless the law or a court order authorizes the communication. Such communication is prohibited even if the party initiated the communication or consented to it.
Corporations and other organizations are “persons” for purposes of the rule that a lawyer must not communicate about a matter with a person the lawyer knows is represented by counsel. Under this rule, with whom is the lawyer allowed to communicate?
Consent is not needed before talking to an employee who no longer works for the organization.
A lawyer must get the consent of the organization’s counsel before communicating with the following constituents of the organization (regardless of whether the employee consents to the communication): (i) A person who supervises, directs, or regularly consults with the organization’s corporate counsel about the matter at hand; (ii) a person whose conduct may be imputed to the organization for purposes of criminal or civil liability; or (iii) a person who has authority to obligate the organization concerning the matter.
The prohibition on speaking with certain represented persons does not prohibit:
(i) a lawyer from communicating with a represented person when the communication is authorized by law or court order or when the communication does not concern the subject of the representation;
(ii) represented persons from communicating directly with each other; and
(iii) a lawyer from interviewing an unrepresented person who will be called as a witness by some other party.
A lawyer who represents a client in a matter must not communicate about the matter with a person the lawyer knows is represented by counsel, unless
that person’s counsel consents, or unless the law or a court order authorizes the communication.
The rule against contacting represented persons doesn’t prohibit represented persons from communicating
directly with each other, and a lawyer may advise their client regarding such communications.
The rule against communicating with persons who are already represented by an attorney in a matter only applies where the communicating lawyer
represents a client in that matter and related to the matter.
A lawyer has to get the consent of the organization’s counsel before communicating with:
(i) a person who supervises, directs, or regularly consults with the organization’s lawyer about the matter at hand; (ii) a person whose conduct may be imputed to the organization for purposes of criminal or civil liability; or (iii) a person who has authority to obligate the organization concerning the matter.
When dealing with an unrepresented person, a lawyer must not state or imply that the lawyer is
disinterested.
When the lawyer knows, or reasonably should know, that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer must
make reasonable efforts to correct the misunderstanding.
When a lawyer knows or should know that her client’s interests are likely to be in conflict with those of an unrepresented person, the lawyer can’t
give legal advice to that person (other than to get a lawyer).
When a lawyer receives a document, and she knows or reasonably should know that it was sent by mistake, she must
Promptly notify the sender so that the sender can take protective measures. Nothing else is required under the Model Rules.
