Multistate Professional Responsibility Exam Practice Question
Attorney J represents a plaintiff in a dispute with a hospital. The hospital’s counsel has formally confirmed representation. An employed nurse, who does not have management responsibilities, may hold valuable information about a specific procedure. May Attorney J contact the nurse?
The interaction is disallowed for a hospital staff member possessing relevant information about the claim
The interaction is permitted, provided the nurse lacks authority to bind the hospital or personally represent it
The interaction is permissible if the nurse is omitted from the lawsuit
The interaction is impermissible because the hospital is represented in this dispute
Professional rules generally permit discussions with an employee who lacks managerial authority and does not speak for the organization, unless the employee is personally represented. Possessing information about the situation does not by itself bar the contact. The incorrect answers each focus on factors—like organizational representation or a person’s knowledge—that do not automatically prevent communication.
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What does it mean for the nurse to lack authority to bind the hospital?
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What are the professional rules regarding contacting organizational employees in a legal context?
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Why can't the fact that the nurse possesses valuable information automatically bar communication?
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients