Negotiator’s Duties to Others – Model Rule 4.3 Self-Quiz

 

 

 

 

 

 

 

 

 

 

In a different scenario, after Charlie discovers the document, he decides to go straight home to show his family, and does not first hire an attorney. Bugworth, representing a potential buyer, goes to Charlie’s home and discusses with Charlie and his parents an offer to purchase the document. Is this contact permissible?
Choice 1 YES, so long as Bugworth makes clear his role and the fact that he is not neutral.
 Choice 2 YES, because Charlie has no attorney from whom Bugworth may receive permission for the contact.
 Choice 3 NO, because Charlie is a minor.
 Choice 4 NO, because Bugworth must give Charlie a reasonable amount of time in which to retain legal counsel.
If a lawyer has reason to know that the unrepresented party with whom she is speaking mistakenly believes the lawyer is a neutral party, that lawyer:
Choice 1 MAY try to correct the misunderstanding.
 Choice 2 MUST try to correct the misunderstanding.
 Choice 3 MUST try to correct the misunderstanding ONLY IF the lawyer believes it will otherwise lead the party to make a poor decision.
 Choice 4 None of the above.
Model Rule 4.3 applies:
Choice 1 Only when the unrepresented party is an adverse party in a pending lawsuit.
 Choice 2 Whenever the unrepresented party is, or is likely to become, an adverse party in a lawsuit.
 Choice 3 Whether or not the unrepresented party is currently, or likely to become, involved in a lawsuit against the lawyer’s client.
 Choice 4 To everyone the lawyer ever speaks with.
Which of the following is impermissible for an attorney to say to an unrepresented party?
Choice 1 “I’m here to help you and want to see this work out well for you.”
 Choice 2 “You should make sure that you ask my client to indemnify you in case of an accident.”
 Choice 3 “I really don’t want to take sides here.”
 Choice 4 All of the above.

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