Attorney Chang represents a client in a contentious business negotiation. During the negotiation, the opposing party's principal, an unrepresented individual, makes a statement that reveals a significant misunderstanding of a key legal term in the proposed contract, which, if uncorrected, would gravely disadvantage the opposing party. What is Chang's ethical obligation?
- AChang must advise the unrepresented party to obtain counsel before proceeding with the negotiation.
- BChang must withdraw from the negotiation if she cannot correct the misunderstanding without harming her client's position.
- CChang may remain silent, as it is not her responsibility to educate the opposing party.
- DChang must correct the unrepresented party's misunderstanding to ensure a fair negotiation.
Show answer & explanationAnswer & explanation
Correct answer: A. Chang must advise the unrepresented party to obtain counsel before proceeding with the negotiation.
Model Rule 4.3 (Dealing with Unrepresented Person) states that when dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. Furthermore, the comment to Rule 4.3 clarifies that a lawyer should not give legal advice to an unrepresented person, other than the advice to obtain counsel, if the lawyer knows or reasonably should know that the interests of such person are or have a reasonable possibility of being in conflict with the interests of the client.
Why the other options are wrong
- B. Withdrawal is not typically required here; the obligation is to manage the interaction ethically, primarily by advising the unrepresented person to secure their own counsel.
- C. Remaining silent when an unrepresented person gravely misunderstands a legal term in an adverse negotiation could be seen as implying disinterest or taking unfair advantage, which Rule 4.3 aims to prevent.
- D. While correcting misunderstandings is part of Rule 4.3, advising them to obtain counsel is the more appropriate and safer course of action when interests are adverse.
Dealing with Unrepresented Persons
When dealing with an unrepresented person, a lawyer must not state or imply disinterest, must correct misunderstandings about the lawyer's role, and should not give legal advice other than to obtain counsel if their interests conflict with the client's.
- No implication of disinterest.
- Correct misunderstandings about lawyer's role.
- Advise to obtain counsel if interests conflict; no other legal advice.
Memory trick: Don't pretend to be neutral; clarify your role and suggest a lawyer.