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Model Rules of Prof’l Conduct r. 1.0(f), 4.1(a) cmt. 1 (Am. Bar Ass’n 2016).
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1In the course of representing a client, may a lawyer knowingly make a false statement of material fact or law to a third person?
In the course of representing a client, may a lawyer knowingly make a false statement of material fact or law to a third person?2In the course of representing a client, does a lawyer have an affirmative duty to inform an opposing party of relevant facts?
In the course of representing a client, does a lawyer have an affirmative duty to inform an opposing party of relevant facts?3Does a lawyer make a misrepresentation by affirming or adopting another person’s statement if the lawyer knows the statement to be false?
Does a lawyer make a misrepresentation by affirming or adopting another person’s statement if the lawyer knows the statement to be false?4May a partially true but misleading statement by a lawyer be considered a misrepresentation?
May a partially true but misleading statement by a lawyer be considered a misrepresentation?5In the course of representing a client, may a lawyer knowingly fail to disclose a material fact if disclosure is required to avoid assisting a clie...
In the course of representing a client, may a lawyer knowingly fail to disclose a material fact if disclosure is required to avoid assisting a client’s crime or fraud?6A lawyer represented a husband in a divorce. The lawyer knew that the husband had $10,000,000 in assets but that the wife was aware of only $8,000,...
A lawyer represented a husband in a divorce. The lawyer knew that the husband had $10,000,000 in assets but that the wife was aware of only $8,000,000 of the assets. The wife’s lawyer issued a proper discovery request asking for a list of all of the husband’s assets. The husband prepared a list of assets but excluded the $2,000,000 of which his wife was unaware. The lawyer knew that this list was inaccurate and knew that the concealment of the assets constituted fraud. May the lawyer give opposing counsel the list of assets as prepared by the husband without listing the additional $2,000,000?7If a lawyer is negotiating on behalf of a client, are the lawyer’s statements about price, value, or the amount a client will accept in settlement ...
If a lawyer is negotiating on behalf of a client, are the lawyer’s statements about price, value, or the amount a client will accept in settlement considered to be material facts to which a duty of truthfulness applies?8In negotiating on behalf of a client, does a lawyer generally commit a misrepresentation by negotiating on behalf of an undisclosed principal?
In negotiating on behalf of a client, does a lawyer generally commit a misrepresentation by negotiating on behalf of an undisclosed principal?9A lawyer was negotiating a settlement on behalf of a business for alleged improper dumping of toxic waste. The lawyer was aware that the business w...
A lawyer was negotiating a settlement on behalf of a business for alleged improper dumping of toxic waste. The lawyer was aware that the business would settle by paying up to $1,000,000. During negotiations with the opposing counsel, the lawyer indicated that there was no way the business would settle for more than $500,000.Has the lawyer made a false statement of material fact?10A lawyer represented a business in defending litigation related to improper dumping of toxic waste. Before discovery, the lawyer was negotiating a ...
A lawyer represented a business in defending litigation related to improper dumping of toxic waste. Before discovery, the lawyer was negotiating a potential settlement with the opposing counsel. During the negotiation, the lawyer stated that the business had dumped two tons of toxic waste. In fact, the lawyer knew that the business had dumped five tons of waste. The lawyer was aware that the opposing counsel did not yet know the actual amount of waste dumped. The lawyer knew that the settlement value of the case would correspond to the quantity of waste.Has the lawyer committed professional misconduct?11Is a lawyer’s duty of honesty and truthfulness limited to statements made in the course of representing a client?
Is a lawyer’s duty of honesty and truthfulness limited to statements made in the course of representing a client?12In general, may a lawyer representing a client communicate about the subject of the representation with a person whom the lawyer knows to be repres...
In general, may a lawyer representing a client communicate about the subject of the representation with a person whom the lawyer knows to be represented by another lawyer in the matter?13If a lawyer is uncertain whether a communication with a represented person is permissible, or if a lawyer has an exceptional need to communicate wi...
If a lawyer is uncertain whether a communication with a represented person is permissible, or if a lawyer has an exceptional need to communicate with a represented person, may the lawyer seek a court order authorizing the communication?14Does the rule against a lawyer communicating with represented persons apply even if a represented person initiates or consents to the communication?
Does the rule against a lawyer communicating with represented persons apply even if a represented person initiates or consents to the communication?15Does the rule against a lawyer communicating with represented persons apply to communications about topics outside of the subject of the representa...
Does the rule against a lawyer communicating with represented persons apply to communications about topics outside of the subject of the representation?16A lawyer represented a woman in a divorce, and the woman’s spouse was represented by opposing counsel. One afternoon, the spouse called the lawyer....
A lawyer represented a woman in a divorce, and the woman’s spouse was represented by opposing counsel. One afternoon, the spouse called the lawyer. Before the lawyer realized who was calling, the spouse asked whether the woman would be interested in settling for $1,000,000. The lawyer ended the conversation immediately once he recognized that the person on the call was the spouse.Has the lawyer violated the rules of professional conduct by speaking with the spouse?17If a corporation or other organization is represented by a lawyer in a matter, which persons within the organization fall within the rule against a...
If a corporation or other organization is represented by a lawyer in a matter, which persons within the organization fall within the rule against a lawyer communicating with represented persons?18If a lawyer does not represent anyone in a given matter, may the lawyer communicate directly with someone who is seeking legal advice but is repres...
If a lawyer does not represent anyone in a given matter, may the lawyer communicate directly with someone who is seeking legal advice but is represented by another lawyer in that matter?19If the parties in a matter are represented by separate lawyers, may the parties communicate directly with one another?
If the parties in a matter are represented by separate lawyers, may the parties communicate directly with one another?20If the parties in a matter communicate directly with one another, may a lawyer advise a party regarding those communications without violating the ...
If the parties in a matter communicate directly with one another, may a lawyer advise a party regarding those communications without violating the rule against communicating with represented persons?21May a lawyer avoid the rule against communicating with a represented person by communicating with that person through a third party?
May a lawyer avoid the rule against communicating with a represented person by communicating with that person through a third party?22When a lawyer deals on behalf of a client with a person who is not represented by counsel, may the lawyer state or imply that the lawyer is a disin...
When a lawyer deals on behalf of a client with a person who is not represented by counsel, may the lawyer state or imply that the lawyer is a disinterested person?23If a lawyer knows, or reasonably should know, that an unrepresented person misunderstands the role of a lawyer who is representing a client in a ma...
If a lawyer knows, or reasonably should know, that an unrepresented person misunderstands the role of a lawyer who is representing a client in a matter, what must the lawyer do?24In representing a client, may a lawyer provide legal advice to an unrepresented person if the lawyer knows, or reasonably should know, that the unr...
In representing a client, may a lawyer provide legal advice to an unrepresented person if the lawyer knows, or reasonably should know, that the unrepresented person’s interests are or might be in conflict with the client’s interests?25In representing a client, may a lawyer negotiate a settlement or other transaction with an unrepresented person?
In representing a client, may a lawyer negotiate a settlement or other transaction with an unrepresented person?26A lawyer was representing a husband in a divorce. The wife did not hire her own attorney. The lawyer explained to the wife that (1) the lawyer was ...
A lawyer was representing a husband in a divorce. The wife did not hire her own attorney. The lawyer explained to the wife that (1) the lawyer was representing the husband, (2) the husband was adverse to the wife in the proceeding, and (3) the lawyer was not representing the wife. The lawyer then informed the wife of the settlement terms that the husband was prepared to offer.Did the lawyer’s communication with the wife violate the rules of professional conduct?27In representing a client, may a lawyer use methods of gathering evidence that violate the legal rights of a third person?
In representing a client, may a lawyer use methods of gathering evidence that violate the legal rights of a third person?28In representing a client, is a lawyer allowed to use tactics meant to embarrass, delay, or burden a third person?
In representing a client, is a lawyer allowed to use tactics meant to embarrass, delay, or burden a third person?29If a lawyer receives a document or electronically stored information related to the representation of a client, and she knows or reasonably should ...
If a lawyer receives a document or electronically stored information related to the representation of a client, and she knows or reasonably should know that the sender did not intend her to receive that material, what must the lawyer do?30An opposing counsel accidentally sent a lawyer an email that was covered by the attorney-client privilege. The opposing counsel immediately called ...
An opposing counsel accidentally sent a lawyer an email that was covered by the attorney-client privilege. The opposing counsel immediately called the lawyer, who said that he had not yet seen the email. The opposing counsel asked the lawyer to delete the email. The lawyer refused. There was no law in the relevant jurisdiction that required someone to return or refrain from reading unsolicited communications.Has the lawyer committed professional misconduct by refusing to delete the privileged email?