MPRE Transactions with Non-Clients 2 — Questions and Answers
Question 1: An attorney represents a corporation in a contract dispute. The opposing party is unrepresented. The attorney knows the opposing party misunderstands a key legal deadline. What must the attorney do?
- Correct the misunderstanding to avoid prejudice to the opposing party
- Exploit the misunderstanding to benefit the client (Correct answer)
- Notify the court of the opposing party's misunderstanding
- Withdraw from the representation to avoid the conflict
Correct answer: Exploit the misunderstanding to benefit the client
Under the MPRE, an attorney may take advantage of a non-client's legal misunderstanding as long as the attorney does not make false statements; there is no duty to educate an adverse non-client.
Question 2: A lawyer negotiating a business deal on behalf of a client makes a false statement of material fact to the opposing unrepresented party. This conduct violates:
- No rule, because non-clients are not owed duties of candor
- Rule 4.1 only, which prohibits false statements to third parties
- Rule 4.1 and potentially Rule 8.4 prohibiting dishonesty (Correct answer)
- Rule 3.3 only, which requires candor toward tribunals
Correct answer: Rule 4.1 and potentially Rule 8.4 prohibiting dishonesty
Rule 4.1 expressly bars false statements of material fact to third parties, and the same conduct implicates Rule 8.4(c)'s prohibition on dishonesty.
Question 3: A third-party administrator processes claims for an insurer that hired a lawyer. The lawyer learns the administrator is submitting fraudulent data. The lawyer's FIRST obligation is to:
- Report the fraud directly to the state attorney general
- Immediately withdraw from the representation
- Advise the client (the insurer) and seek guidance on remedial action (Correct answer)
- Notify the third-party administrator to stop the fraud
Correct answer: Advise the client (the insurer) and seek guidance on remedial action
A lawyer who discovers a non-client's fraud must first consult with the client about addressing it before taking any unilateral action.
Question 4: A lawyer represents a seller in a real estate transaction. The buyer (unrepresented) asks the lawyer to explain certain contract terms. The lawyer should:
- Explain the terms fully to ensure the buyer understands
- Explain the terms but clarify that the lawyer represents the seller, not the buyer
- Decline to provide any explanation and advise the buyer to get counsel (Correct answer)
- Provide written disclosure that the lawyer is not the buyer's attorney, then explain
Correct answer: Decline to provide any explanation and advise the buyer to get counsel
When dealing with an unrepresented person, the lawyer must not give legal advice to that person other than to obtain counsel, and must clarify the lawyer's role.
Question 5: Under Rule 4.4, if a lawyer receives documents clearly mailed to them by mistake that contain the opposing party's privileged information, the lawyer must:
- Immediately read and use the documents to benefit the client
- Promptly notify the sender and follow any instructions or court orders (Correct answer)
- Return the documents without reading them and seek a court order
- Disclose receipt to the court before taking any other action
Correct answer: Promptly notify the sender and follow any instructions or court orders
Rule 4.4(b) requires prompt notification to the sender of inadvertently transmitted documents; the lawyer need not refrain from reviewing them but must notify.
Question 6: A lawyer's client instructs the lawyer to send a threatening letter to a non-client witness demanding they not testify. The lawyer should:
- Send the letter because the client has directed it
- Send the letter only if the threat is framed as a request
- Refuse, because threatening a witness violates Rule 3.4 and Rule 8.4 (Correct answer)
- Send the letter but add a disclaimer that it is not legal advice
Correct answer: Refuse, because threatening a witness violates Rule 3.4 and Rule 8.4
Threatening a witness to suppress testimony violates Rule 3.4(f) (obstructing access to evidence) and Rule 8.4(d) (conduct prejudicial to administration of justice).
Question 7: A plaintiff's attorney sends a demand letter to the defendant, who has no lawyer, asserting a legal claim with a settlement demand. This communication is:
- Prohibited unless the defendant is advised to obtain counsel first
- Permitted, and the attorney need not advise the defendant to seek counsel
- Permitted, but the attorney must include a statement that the defendant should seek counsel (Correct answer)
- Prohibited because it constitutes unauthorized practice of law advice to the defendant
Correct answer: Permitted, but the attorney must include a statement that the defendant should seek counsel
Rule 4.3 allows communication with unrepresented parties but requires the lawyer to advise the unrepresented person to obtain counsel when the interests may conflict.
MPRE Transactions with Non-Clients 2
An attorney represents a corporation in a contract dispute.
The opposing party is unrepresented.
The attorney knows the opposing party misunderstands a key legal deadline.
What must the attorney do?