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Opinion 14-02 |
Communication With Unrepresented Person | Plea Agreements | Prosecutors
In any criminal proceeding, a prosecutor may convey a plea offer to a pro se defendant prior to a court proceeding, regardless who initiates the contact. The communication must simply convey the plea offer and not make any recommendations as to the value of the offer. The communication must also identify that the prosecutor is not disinterested, clarify any misconception the person may have about the prosecutor's role and advise the person about the right to secure counsel.
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Opinion 09-01 |
Communication With Corporate Employees | Communication With Represented Person | Communication With Unrepresented Person
A lawyer may communicate with a current constituent of a represented organization about the subject-matter of the representation without the consent of the organization’s counsel only when the constituent does not (i) supervise, direct or regularly consult with the organization’s lawyer concerning the matter; (ii) have authority to obligate the organization with respect to the matter; or (iii) have acts or omissions in connection with the matter that may be imputed to the organization for purposes of civil or criminal liability. Consent of the organization’s lawyer is not required for communication with former constituents about the matter of the representation. If the constituent has his or her own counsel, however, that counsel must consent to the communication.
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Opinion 04-03 |
Arbitration and Mediation | Communication With Unrepresented Person | Scope of Representation
A lawyer who mediated a divorce settlement between unrepresented husband and wife may not prepare a proposed judgment of dissolution of marriage, a marriage separation agreement and joint parenting agreement for husband and wife and allow husband and wife to file said documents as pro se litigants.
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Opinion 99-07 |
Communication With Unrepresented Person
A lawyer for a lender has an obligation to correct a home loan applicant's misunderstanding that the lawyer also represents the applicant in the home financing transaction if the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter.
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Opinion 98-06 |
Communication With Unrepresented Person | Conflict of Interest - Litigation Matters
Lawyer may represent husband against wife in divorce where wife is not represented; but lawyer may not, at same time, represent husband and wife jointly in filing for bankruptcy.
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Opinion 93-14 |
Communication With Unrepresented Person
An attorney may communicate with an unrepresented party, provided that the attorney does not give advice or permit the assumption that the attorney is a "disinterested" party.
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Opinion 88-03 |
Communication With Unrepresented Person
It is improper for a lawyer for petitioning spouse to give legal advice to the respondent spouse who may be unrepresented in a dissolution of marriage as to legal implications of unrepresented respondent's participation, especially where such advice is misleading and tends to create the impression that the petitioner's lawyer is disinterested and will protect the interests of the unrepresented respondent.
- Opinion 86-11 | Communication With Unrepresented Person