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Rule 4.1(a)

Attorney represented Client, a rooftop solar installer, in the sale of its maintenance contracts to a larger competitor. At the third negotiating session the buyer's lawyer asked how the panel arrays had held up in the two coastal counties where most of the contracts sat. Attorney answered, "Every array we put on a coastal roof came through the last four storm seasons clean." Attorney's file held eleven warranty claims from those counties, six of them for corroded mounting rails, and Attorney had read each claim while assembling the disclosure schedule. The buyer's lawyer copied the answer into a memo. Talks broke off two weeks later and the parties walked away from the deal. Is Attorney subject to discipline?

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Transactions and communications with persons other than clients · mixed set · Open Bar Review