Transactions and Communications with Non-Clients

Truthfulness and contact rules

Rule 4.1 forbids false statements of material fact or law to third persons, though negotiating statements about value or settlement goals are ordinarily not material facts. Rule 4.2 forbids communicating about the matter with a person the lawyer knows is represented, without that person's lawyer's consent, even if the person starts the conversation. Rule 4.3 requires lawyers to clarify their role to unrepresented persons and to give adverse ones no advice except to get a lawyer. Rule 4.4(b) requires prompt notice to the sender of an inadvertently sent document. The study guide adds worked examples for each rule.