Multistate Professional Responsibility Exam Practice Question
A lawyer meets with a person who does not have counsel but may have important information related to the lawyer’s client. Which response reflects an appropriate way to speak with this unrepresented individual?
The lawyer obtains factual information without clarifying the distinction between the lawyer’s client and the individual
The lawyer clarifies that the lawyer does not represent this individual, acknowledges differing interests, and avoids giving legal guidance
The lawyer provides prescribed steps for the individual to address the dispute and assures support if legal problems arise
Stating that the lawyer is not representing the unrepresented person, clearly noting that the individual’s interests may differ, and refraining from offering legal advice all help avoid misunderstandings and protect both parties’ interests. One answer choice implies it is acceptable to give the individual legal direction, which is not permitted in this situation. Another fails to mention distinct interests at all, risking confusion about the lawyer’s role and duties.
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Why is it important for a lawyer to clarify they do not represent an unrepresented person?
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Why is offering legal advice to unrepresented individuals considered problematic?
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients
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