Multistate Professional Responsibility Exam Practice Question
Lawyer G represents a tenant in a dispute against a landlord. The landlord has counsel but is dissatisfied with that counsel. The landlord requests that Lawyer G meet privately to finalize a settlement. Counsel for the landlord is not informed about this request. Which statement describes Lawyer G’s obligations?
Lawyer G can schedule the meeting based on the landlord's invitation, as the landlord chose to speak directly.
Lawyer G's conversation is allowed if it is not recorded and focuses on clarifying preliminary points.
Lawyer G can discuss general dispute topics with the landlord if the landlord discloses dissatisfaction with counsel.
Lawyer G should refrain from discussing settlement issues with the landlord unless the landlord's counsel consents.
Ethical rules on communications with represented individuals prohibit a lawyer from engaging in substantive settlement discussions without the other lawyer’s knowledge, even if the represented party is unhappy with their counsel. Suggestions that an invitation from the landlord or the use of recordings justify bypassing the landlord’s attorney do not align with professional standards. While administrative communications for scheduling can be acceptable, discussing settlement details without counsel’s involvement generally violates these rules.
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients