Transactions with Non-Clients · 2-8% of the exam

Night-before checklist

Chapter 16 · 6 items

Six points, and the sixth outlives the employment.

Rule 4.1: a knowing false statement of material fact or law to any third person is disciplinable the moment it is made — reliance and harm are not required.
When Rule 1.6 blocks disclosure Rule 4.1 would require, withdraw; it may be necessary (Rule 4.1 cmt [3]) to give notice of the fact of withdrawal and disaffirm an opinion, document, affirmation or the like.
Puffery ordinarily protects price or value estimates, settlement intentions, and the existence of an undisclosed principal — except where nondisclosure would itself be fraud; it does not protect specific assertions about historical facts or conditions.
Rule 4.2: while representing a client, communicate with a represented person only through their lawyer, or with that lawyer's consent, authorization by law, or a court order; the person can't authorize contact by initiating it.
For represented organizations, apply the three-prong disjunctive test to current constituents; for former constituents the consent of the organization's lawyer is not required, though one with their own counsel in the matter is still represented.
The organization's attorney-client privilege survives a constituent's departure, and the former constituent's own consent does not waive it; do not ask a former constituent what they told company counsel.

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