Multistate Professional Responsibility Exam Practice Question
Attorney Smith is representing Client A in a contract negotiation. During the negotiations, Client B, who is already represented by another attorney, sends an email directly to Attorney Smith to discuss settlement terms without involving their own counsel. According to the ABA Model Rules of Professional Conduct, what should Attorney Smith do in response?
Inform the opposing counsel about Client B's attempt to communicate and await further instructions.
Request Client B's consent to communicate directly without involving their attorney.
Respond directly to Client B, discussing the settlement terms as proposed.
Ignore the email from Client B and continue negotiations without addressing the communication.
Under ABA Model Rule 4.2, a lawyer must not communicate directly with a represented person regarding the subject of the representation without the consent of the person's lawyer. In this scenario, Attorney Smith should refrain from communicating directly with Client B and inform the opposing counsel about the attempted contact.
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients