MPRE Transactions with Non-Clients 5

Question 1

A lawyer discovers that opposing counsel inadvertently sent a privileged memo to the lawyer via email. Under Rule 4.4(b), the lawyer must:

Accepted Answer

Promptly notify the sending lawyer of the inadvertent disclosure

Answer

Rule 4.4(b) requires a lawyer who receives inadvertently sent documents to promptly notify the sender, regardless of whether the lawyer reads them first.

Question 2

A lawyer is retained to help a client structure a transaction. The lawyer later determines that the transaction's primary purpose is to defraud a non-client creditor. The lawyer must:

Accepted Answer

Refuse to assist and, if necessary, withdraw from the representation

Answer

A lawyer may not assist a client in conduct the lawyer knows is fraudulent or criminal, and must withdraw if the client insists on proceeding.

Question 3

Under the MPRE, a lawyer who deals with a represented opposing party's non-lawyer agent (e.g., a claims adjuster) without counsel's consent:

Accepted Answer

Does not violate Rule 4.2 because the agent is not the represented party

Answer

Rule 4.2 protects the represented party themselves; communication with the party's non-lawyer agents generally does not violate Rule 4.2 unless the agent has authority to bind the party.

Question 4

An attorney negotiating on behalf of a client overstates the strength of the client's legal position to the unrepresented opposing party. This is:

Accepted Answer

Permitted because puffery and legal opinions are not 'facts' under Rule 4.1

Answer

Under Rule 4.1 Comment 2, statements of a party's negotiating position or legal opinion are generally not treated as statements of 'fact,' so overstatement of legal strength is not a Rule 4.1 violation.

Question 5

A lawyer for a plaintiff sends a subpoena to a non-party witness requiring document production. The witness (non-client) objects that the subpoena is unduly burdensome. The lawyer must:

Accepted Answer

Take reasonable steps to avoid imposing undue burden on the non-party

Answer

Rule 4.4(a) requires a lawyer to take reasonable steps to avoid imposing undue burden on third persons, even when pursuing legitimate discovery objectives.

MPRE Practice Test

MPRE Practice Test

MPRE Transactions with Non-Clients 5