ETHC 325 Exam 2

ETHC 325 Exam 2 Liberty University

  1. Rule 4.2 says “In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.” What is meant by “authorized to do so by law or a court order?” What are some examples of this authorization? Furthermore, list several examples of what would constitute forbidden communication with a represented party. Detail why this rule is required.
  2. In your own words, explain the purpose for the rules governing “Transactions with Persons Other Than Clients.” Select two scriptures that support the ethical principles contained in this section explaining how the scriptures support the specific ethical principles.
  3. Rule 4.1b states that “a lawyer shall not knowingly: fail to disclose a material fact to a third person when discourse is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.” What is meant by a material fact? What is the intent and purpose of this rule? How does this rule correlate with scriptural commands towards interactions with each other?
  4. Rule 4.3, in part, declaims “The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.” What is the duty of a lawyer towards unrepresented persons? To what extent may a lawyer advise an unrepresented person? At what point is a lawyer-client relationship formed?
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