Multistate Professional Responsibility Exam Practice Question
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?
Provide a clear explanation that his representation is on behalf of the publishing company and suggest the writer consult an attorney when confused
Offer general guidance to the writer on reading and revising the agreement while maintaining a cordial conversation
Continue speaking with the writer to learn details and refrain from stating his representation unless directly asked
Cease further discussion with the writer until legal representation is secured
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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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients