Current through Register Vol. 54, No. 44, November 2, 2024
(a) In dealing on behalf of a client with a
person who is not represented by counsel, a lawyer shall not state or imply
that the lawyer is disinterested.
(b) During the course of a lawyer's
representation of a client, a lawyer shall not give advice to a person who is
not represented by a lawyer, other than the advice to secure counsel, if the
lawyer knows or reasonably should know the interests of such person are or have
a reasonable possibility of being in conflict with the interests of the
lawyer's client.
(c) When the
lawyer knows or reasonably should know that the unrepresented person
misunderstands the lawyer's role in the matter, the lawyer should 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. In order 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. Whether a lawyer is giving impermissible
advice may depend on the experience and sophistication of the unrepresented
person, as well as the setting in which the behavior and comments occur. 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.
