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Question 1
In a different scenario, after Charlie discovers the document, he decides to go straight home to show his family, and does not first hire an attorney. Bugworth, representing a potential buyer, goes to Charlie's home and discusses with Charlie and his parents an offer to purchase the document. Is this contact permissible?
Correct The fact that Charlie is a minor is of no concern here because his parents are present. Rule 4.3 permits an attorney to directly contact an unrepresented party, so long as the attorney makes clear his role, and does not imply that he is a disinterested party.
Incorrect! The fact that Charlie is a minor is of no concern here because his parents are present. Rule 4.3 permits an attorney to directly contact an unrepresented party, so long as the attorney makes clear his role, and does not imply that he is a disinterested party.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
If a lawyer has reason to know that the unrepresented party with whom she is speaking mistakenly believes the lawyer is a neutral party, that lawyer:
Correct
Incorrect!
Correct Rule 4.3 says the lawyer 'shall make reasonable efforts to correct the misunderstanding.' This means that it is mandatory, and the requirement is not dependent on what the lawyer thinks will likely result from the misunderstanding, as answer C suggests.
Incorrect! Rule 4.3 says the lawyer 'shall make reasonable efforts to correct the misunderstanding.' This means that it is mandatory, and the requirement is not dependent on what the lawyer thinks will likely result from the misunderstanding, as answer C suggests.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Model Rule 4.3 applies:
Correct
Incorrect!
Correct
Incorrect!
Correct Obviously, a lawyer cannot be prevented from speaking to anyone in any circumstances, but even when an unrepresented party is in friendly negotiations with a lawyer's client, Rule 4.3 applies.
Incorrect! Obviously, a lawyer cannot be prevented from speaking to anyone in any circumstances, but even when an unrepresented party is in friendly negotiations with a lawyer's client, Rule 4.3 applies.
Correct
Incorrect!
Question 4
Which of the following is impermissible for an attorney to say to an unrepresented party?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Any of these statements would be a violation of Rule 4.3. A and B imply that the lawyer is impartial, while in B, the lawyers is giving legal advice to the unrepresented party.
Incorrect! Any of these statements would be a violation of Rule 4.3. A and B imply that the lawyer is impartial, while in B, the lawyers is giving legal advice to the unrepresented party.