Transactions with Non-Clients
This chapter covers a lawyer's duties toward people who are not clients: truthfulness to others, communication with represented and unrepresented persons, and respect for third-party rights.
Truthfulness and the No-Contact Rule
Under Model Rule 4.1, in the course of representing a client a lawyer must not knowingly make a false statement of material fact or law to a third person, and must sometimes disclose a fact to avoid assisting a client crime or fraud, unless disclosure is barred by confidentiality. Under Model Rule 4.2, the no-contact rule, a lawyer must not communicate about the subject of the representation with a person the lawyer knows is represented by another lawyer, without that lawyer's consent or legal authorization.
Dealing with Unrepresented Persons
Under Model Rule 4.3, when dealing with an unrepresented person, a lawyer must not state or imply that the lawyer is disinterested, must correct any misunderstanding about the lawyer's role, and must not give legal advice other than to secure counsel if the person's interests conflict with the client's. Under Model Rule 4.4, a lawyer must not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or violate a third person's legal rights to obtain evidence.