TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

 

Rule 4.1.  Truthfulness in Statements to Others.
Rule 4.2.  Communication with Persons Represented by Counsel.
Rule 4.3.  Dealing with Unrepresented Person.
Rule 4.4.  Respect for Rights of Third Persons.

 

Rule 4.1.  Truthfulness in Statements to Others.
      In the course of representing a client a lawyer shall not knowingly:
      (a) make a false statement of material fact or law to a third person; or
      (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

Rule 4.2.  Communication with Persons Represented by Counsel.
      In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

Rule 4.3.  Dealing with Unrepresented Person.

      In dealing on behalf of client with a person who is not represented by counsel, a lawyer shall 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 shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

Rule 4.4.  Respect for Rights of Third Persons.

      (a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.
      (b) A lawyer who receives a document or electronically stored information relating to the representation of the lawyer’s client and knows or reasonably should know that the document or electronically stored information was inadvertently sent shall promptly notify the sender.