Negotiator’s Duties to Others – Model Rule 4.2 Self-Quiz











Model Rule 4.2 applies only when:
Choice 1 An attorney is negotiating with another attorney.
Choice 2 An attorney is negotiating with an unrepresented party.
Choice 3 An attorney contacts a party represented by an attorney.
Choice 4 An attorney contacts a party not represented by an attorney.
Charlie is a teenager who found a valuable, historic document in the street. He hires an attorney to help him sell the document. Bugworth is an attorney representing Jack Teevee, who desperately wants the document. Bugworth has had bad experiences in the past with Charlie’s attorney, and decides to approach Charlie directly. To do this, he “inadvertently” bumps into Charlie while the child is on his way home. If Charlie is savvy enough not to agree to anything Bugworth proposes, is there still a Rule 4.2 violation?
Choice 1 YES, because even if Charlie does not need the protection from Rule 4.2, Bugworth’s contact is prohibited.
Choice 2 YES, because it was an “in-person” contact.
Choice 3 NO, because no agreement was reached as a result of the contact.
Choice 4 NO, because Charlie did not complain about the contact.
Using the money he receives by selling his valuable, historic document, and under the supervision of his mentor, Charlie grows his new business into a large corporation. When the corporation is sued, the CFO (Chief Financial Officer) and COO (Chief Operating Officer) retain their own counsel, in addition to the lawyers hired to represent the company by Charlie. Not surprisingly, Bugworth is representing the plaintiff. In order to speak directly with the CFO and COO, Bugworth must:
Choice 1 Receive permission from the CFO’s attorney.
Choice 2 Receive Permission from the COO’s attorney.
Choice 3 Receive permission from both the CFO’s attorney and the COO’s attorney.
Choice 4 Receive permission from the corporate counsel hired by Charlie.

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