Current through Register Vol. 39, No. 6, September 16, 2024
In dealing on behalf of a client with a person who is not
represented by counsel, a lawyer shall not:
(1) give legal advice to the person, other
than the advice to secure counsel, if the lawyer knows or reasonably should
know that the interests of such person are or have a reasonable possibility of
being in conflict with the interests of the client; and
(2) 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.
Comment
[1] An
unrepresented person, particularly one not experienced in dealing with legal
matters, might assume that a lawyer is disinterested in loyalties or is a
disinterested authority on the law even when the lawyer represents a client. To
avoid a misunderstanding, a lawyer will typically need to identify the lawyer's
client and, where necessary, explain that the client has interests opposed to
those of the unrepresented person. For misunderstandings that sometimes arise
when a lawyer for an organization deals with an unrepresented constituent, see
Rule 1.13(d).
[2] The Rule
distinguishes between situations involving unrepresented persons whose
interests may be adverse to those of the lawyer's client and those in which the
person's interests are not in conflict with the client's. In the former
situation, the possibility that the lawyer will compromise the unrepresented
person's interests is so great that the Rule prohibits the giving of any
advice, apart from the advice to obtain counsel. This Rule does not prohibit a
lawyer from negotiating the terms of a transaction or settling a dispute with
an unrepresented person. So long as the lawyer has explained that the lawyer
represents an adverse party and is not representing the person, the lawyer may
inform the person of the terms on which the lawyer's client will enter into an
agreement or settle a matter, prepare documents that require the person's
signature and explain the lawyer's own view of the meaning of the document or
the lawyer's view of the underlying legal obligations.
Authority
G.S.
84-23;
Eff. July 24,
1997;
Amended Eff. February 27,
2003..
