Negotiator’s Duties to Others – Model Rule 4.1 Self-Quiz











Model Rule 4.1 essentially says that:
Choice 1 An attorney cannot negotiate on a client’s behalf unless the attorney’s fee is not tied to the outcome of the negotiation.
Choice 2 An attorney cannot knowingly lie in the course of negotiating.
Choice 3 An attorney must fully investigate every fact before disclosing it to the opposition in order to avoid lying.
Choice 4 If an attorney lies during negotiations, the injured party cannot be held to the settlement agreement.
Failing to disclose some fact is:
Choice 1 Not addressed by Rule 4.1
Choice 2 Always prohibited by Rule 4.1
Choice 3 Sometimes prohibited by Rule 4.1
Choice 4 Nothing that need concern an attorney in any situation.
After a settlement is agreed to but before the agreement is signed, Luanne’s client, Elmer, invites her to a celebration party. At the party, lubricated by copious amounts of alcohol, Elmer tells Luanne that he was never really injured and he’s thrilled that they “put one over” on the insurance company. What should Luanne do?
Choice 1 Join Elmer in his martini-induced daze and enjoy the party?
Choice 2 Drink martinis in an effort to forget how she has been used and lied to by her client.
Choice 3 Immediately call the insurance company and tell them about the lie.
Choice 4 Call an experienced attorney friend of hers for advice.
Rule 4.1 applies only:
Choice 1 While in a courtroom.
Choice 2 While engaged in representing clients.
Choice 3 While under oath.
Choice 4 At all times, whether, or not, involved in the practice of law or the representation of clients.

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