Transactions with Non-Clients Flashcards

An attorney uses a private investigator to gather information from a non-client who is involved in opposing litigation. The investigator misrepresents their identity to obtain the information. The attorney is:

Answer: Responsible if the attorney ordered or ratified the investigator's misrepresentation

A lawyer is responsible for the misconduct of agents ordered or ratified by the lawyer under Rule 8.4(a), which bars assisting another in violating the Rules.

A lawyer for a creditor sends communications to the debtor (non-client) that are designed to embarrass or harass the debtor. This conduct:

Answer: Violates Rule 4.4, which prohibits means that serve only to embarrass third parties

Rule 4.4(a) prohibits a lawyer from using means that have no substantial purpose other than to embarrass, delay, or burden a third person.

A lawyer settles a client's case and the settlement funds arrive in the lawyer's trust account. A non-client third party asserts a valid lien on the funds. The lawyer must:

Answer: Hold the disputed portion in trust until the lien dispute is resolved

Rule 1.15 requires a lawyer to hold funds subject to a third-party claim in trust until the dispute is resolved by agreement, court order, or other means.

A lawyer is contacted directly by a person who is represented by another lawyer regarding the same matter. The lawyer should:

Answer: Decline to communicate with the represented person without consent of their counsel

Rule 4.2 generally prohibits communication with a represented person about the subject of the representation without prior consent of their counsel, even if that person initiates contact.

A government lawyer investigating a corporation wants to interview employees of the corporation without notifying corporate counsel. Under Rule 4.2, the lawyer:

Answer: May contact lower-level employees who are not in a supervisory role without prior consent

The 'no-contact' rule for represented organizations generally allows contact with lower-level employees not involved in the matter or whose conduct is not imputed to the corporation, but bars contact with managerial employees absent consent.

A lawyer's client wants to make a business offer to a third party. The third party is unrepresented. In presenting the offer, the lawyer must NOT:

Answer: Imply that the lawyer is acting as a neutral intermediary when they are not

Under Rules 4.1 and 4.3, a lawyer may not create a false impression about their role; misrepresenting neutrality to an unrepresented party is prohibited.

A prospective client meets with a lawyer and discloses confidential information, but the lawyer decides not to take the case. Later, a former client with adverse interests seeks to retain the lawyer. The lawyer:

Answer: May be barred from representing the new client if the information is significantly harmful

Rule 1.18 protects prospective clients' confidences, and a lawyer who received significantly harmful information from a prospective client may be disqualified from representing adverse parties in the same matter.