Rule for when a lawyer communicates with an opposing party who is represented by counsel
A lawyer may not communicate with an opposing party who is represented by counsel without counsel’s consent when the communication concerns a subject for which the lawyer is representing a client.
Client is organization: Applies to employees who supervise, direct, or regularly consult with the organization’s lawyer regarding the subject matter of the representation
Disclosure of representation - Communicating with non-parties involved in a client’s matter
Not prohibited from communicating, but under an affirmative obligation to refrain from stating or implying that the lawyer is disinterested in the matter about which the lawyer is communicating
Lawyer’s duty when lawyer knows that a client has committed perjury
Overrides duty of confidentiality.
1. Attempt to persuade the client to rectify the matter
2. If that fails, and the proceedings have not yet concluded, lawyer must reveal the perjury
Lawyer’s duty regarding a settlement offer
inform the client of an offer and abide by a client’s decision regarding acceptance.
abide by reasonable diligence duties by communicating settlement offers promptly
Duty to communicate
Duty to keep client informed of the status of their matter and communicate with the client
Frivolous claims
A lawyer shall not assert an issue in a proceeding when there is not a nonfrivolous basis for doing so.
Lawyer making false statement of fact/law
Lawyer cannot make false statements of fact or law to a tribunal
Lawyer rules for complying with discovery requests
A lawyer shall not make a frivolous discovery request or fail to make reasonably diligent efforts to comply with a legally proper discovery request by an opposing party
Court’s authority to award sanctions re not complying with discovery
The court may impose sanctions for a party’s failure to comply with a discover order
Court can impose certain sanctions, including striking the pleadings, but not contempt, without the prior entry of an order to compel discovery
What can the court do when insulting language is addressed to or published of a judge/court
Hold the party/lawyer in contempt
