Transactions and Communications with Persons Other than Clients
Nonclient questions test truthfulness, represented-person communications, unrepresented-person communications, and respect for third-person rights.
How to study for the MPRE
Treat each item as a professional responsibility priority problem: identify the lawyer's role, client status, duty, exception, consent issue, and best ethical action.
Core concepts
Concept 1
Lawyers must be truthful in statements to others and avoid assisting client fraud.
Exam cue: Ask whether the person is represented in the matter.
Concept 2
Communications with represented persons are restricted without consent or authorization.
Exam cue: Identify whether the lawyer is making a material factual statement.
Concept 3
Unrepresented persons must not be misled about the lawyer's role.
Exam cue: For unrepresented persons, clarify role and avoid legal advice except to get counsel.
Risk pitfalls and guardrails
Contacting a represented person directly about the matter.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Letting negotiation puffery become a false material statement.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Giving legal advice to an unrepresented adverse person.
Guardrail: Avoid answers that ignore conflicts, over-disclose confidential information, mislead a tribunal or nonclient, commingle funds, or promise guaranteed results.
Memory anchors
Truthfulness
Truthfulness to others prohibits false material statements.
Material Fact
A material fact is important to the transaction or decision.
Represented Person
A represented person generally cannot be contacted about the matter without proper consent or authority.
Unrepresented Person
A lawyer must not imply disinterest when dealing with an unrepresented person.
Role Clarification
Role clarification prevents misunderstanding by nonclients.
No Legal Advice
A lawyer should not give legal advice to an unrepresented adverse person except to secure counsel.
Third-Person Rights
Respect for third-person rights limits improper evidence, harassment, and burden.
Negotiation Statement
Negotiation statements may include opinion but cannot be fraudulent material fact.
Client Fraud
A lawyer may not assist client fraud in communications with others.
Authorized Contact
Authorized contact may be allowed by law, court order, or consent.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
In settlement negotiations, a lawyer says that the client will not accept less than $200,000, although the client has privately authorized a settlement at $175,000. Is the lawyer's statement ordinarily permissible?
A client sells a business through counsel. After signing but before closing, the lawyer learns that the client secretly removed equipment included in the sale. The lawyer's earlier statement that all listed assets would remain has become misleading. What is the lawyer's best course?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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