R 4.1 - Truthfulness in Statements to Others

Question 1

When an attorney represents an client, what shall he not knowingly do in regard to making statements to others?

Answer 1

The attorney cannot make false statements of material fact or law to another or fail to disclose a material fact to that other person when it is necessary to avoid a criminal or fraudulent act by the client.
The disclosure has to adhere to confidential information.

Question 2

When does a misrepresentation occur?

Answer 2

When that attorney incorporates or affirms a state to another when the attorney knows it is false. Also when the attorney makes a partial statement that the attorney knows is partially true but misleading.

Question 3

What is ordinarily does not constitute as a statement of material fact?

Answer 3

Estimated price value of a transaction.