Multistate Professional Responsibility Exam Practice Question
A lawyer is representing a client in a contractual dispute. The lawyer contacts a party who does not have legal representation to discuss possible settlement terms. During the conversation, which of the following actions is the lawyer prohibited from taking?
Offering legal advice to the unrepresented person.
Asking the unrepresented person about their desired terms for settlement.
Encouraging the unrepresented person to seek independent legal counsel.
Discussing the facts of the case to facilitate a settlement.
Offering legal advice to an unrepresented person violates ethical rules because lawyers must not provide legal advice to individuals without representation, as this could undermine the person's decision to seek independent counsel. However, discussing the facts of the case to facilitate a settlement, encouraging the unrepresented person to seek independent legal counsel, and inquiring about their desired settlement terms are permissible actions.
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients