Multistate Professional Responsibility Exam Practice Question
Attorney represents Kay in a property boundary dispute with Lee, who does not have counsel. During a meeting, Attorney announces that Lee is expected to agree to a settlement. Lee has expressed uncertainty about legal obligations. Attorney has not shared that the attorney represents Kay’s side. Which action is consistent with ethical rules for communications with an unrepresented person?
Continue discussions after explaining that the attorney represents Kay, is not giving legal advice to Lee, and that Lee can engage counsel
Decline to speak with Lee regarding the matter unless Lee hires counsel
Provide recommendations on how Lee can dispute the boundary and offer to draft protective strategies for Lee
Explain to Lee that signing the agreement is optional but omit mention of the attorney’s representation to Kay
Attorneys are required to explain that they represent their client and are not advising the other individual. The correct approach includes informing the unrepresented person of the attorney’s role, maintaining clarity about the lawyer’s alignment, and suggesting seeking separate counsel when appropriate. Giving advice to the opposing unrepresented person or omitting clarification of representation does not comply with professional guidelines. Declining all communication is not a requirement if the lawyer clarifies the situation correctly.
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients
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