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Landon is an attorney for a publishing company in a payment dispute with a writer who does not have counsel. During a conversation with that writer about the disputed agreement, the writer expresses confusion and treats Landon as though he might be attentive to the writer’s interests. Which approach best aligns with professional responsibility standards?

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Under these standards, an attorney should avoid leaving the unrepresented person with any impression that the attorney is serving their interests. The proper approach is to clarify that the lawyer represents the publishing company, not the writer. Suggesting the writer find counsel can help prevent misunderstandings. One incorrect answer proposes continuing the conversation without clarifying whom the lawyer represents, which risks misleading the writer. Another suggests giving guidance that may unintentionally place the lawyer at odds with client loyalty. A further answer advises stopping all communication outright, which is too restrictive and does not address the need to clarify the lawyer’s role.

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Offer general guidance to the writer on reading and revising the agreement while maintaining a cordial conversation

","isCorrect":false},{"id":2497962,"html":"

Provide a clear explanation that his representation is on behalf of the publishing company and suggest the writer consult an attorney when confused

","isCorrect":true},{"id":2497964,"html":"

Continue speaking with the writer to learn details and refrain from stating his representation unless directly asked

","isCorrect":false},{"id":2497965,"html":"

Cease further discussion with the writer until legal representation is secured

","isCorrect":false}],"textInput":null,"matching":null,"objectiveId":1824,"objectiveTitle":"Transactions and communications with persons other than clients","nextQuestionUrl":"/study/questions/mpre-latest/a-business-owner-seeks-your-advice-on-terminating-an-employee-who-has-been/26990?HideScore=false&ObjectiveMode=RoundRobbinObjectives","questionUrl":"/study/questions/mpre-latest/landon-is-an-attorney-for-a-publishing-company-in-a-payment-dispute-with-a/27987","followUpPrompts":[{"id":481824,"prompt":"What does Model Rule 4.3 require when dealing with an unrepresented person?","response":"Model Rule 4.3 (Dealing with Unrepresented Persons) requires that a lawyer not state or imply that the lawyer is disinterested when dealing with someone who is not represented. If the unrepresented person misunderstands the lawyer’s role, the lawyer must make reasonable efforts to correct that misunderstanding (e.g., state clearly, “I represent the publisher, not you”). The rule also prohibits giving legal advice to the unrepresented person except advice to secure counsel. That means the lawyer may state the client’s position, discuss facts, and negotiate, but must avoid advising the other side on legal rights, strategies, or how to revise documents. The purpose is to prevent the unrepresented person from relying on the lawyer in a way that could harm their interests or create ethical problems for the lawyer’s client."},{"id":481825,"prompt":"Can Landon explain the company’s position to the writer or give any guidance during the conversation?","response":"Yes — Landon may explain the publishing company’s position and discuss factual and negotiable aspects of the dispute, but only after clearly identifying that he represents the publisher. He must not give the writer legal advice (e.g., how to revise the agreement, what terms to accept) beyond advising the writer to obtain independent counsel. Permitted actions include stating the client’s legal stance, proposing settlement terms, and asking factual questions. Prohibited actions include counseling the writer on their legal rights or strategy, drafting or revising the writer’s contract language for their benefit, or otherwise creating the impression Landon represents or protects the writer’s interests."},{"id":481826,"prompt":"What practical steps should Landon take to avoid ethical problems when speaking with the unrepresented writer?","response":"Practical steps: (1) Verbally and plainly disclose representation at the outset: “I represent the publisher, not you.” (2) If the writer seems confused, immediately correct any misunderstanding and repeat the recommendation to seek independent counsel. (3) Refrain from giving legal advice to the writer; limit comments to the publisher’s position and factual questions. (4) Document the conversation in the file (who said what, disclosures made). (5) Avoid soliciting or accepting confidential information from the writer that could create later conflicts. (6) If negotiations become complex or the writer requests advice, stop and advise the writer to consult a lawyer before continuing. These steps reduce risk of misleading the unrepresented person and help comply with Model Rules (especially Rule 4.3 and related conflict rules)."}],"presentationMode":false,"hideFeedbackForm":false,"hideResponseBadges":false,"setId":null,"skipSaveResponse":false},"canVote":false,"subjectId":45,"xpPerCorrectQuestion":10,"streak":{"value":null,"title":null,"launchConfetti":false,"isRecord":false},"id":"crucial-react-eda7e6dfe0bf4140a8e1d6dae21faf98"}

Multistate Professional Responsibility Exam Practice Question

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