Interference With Attorney Client Relationship In Allegheny
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Rule 4.2 and 8.4(a), read together, prohibit a lawyer from giving specific directions to a client regarding what to say to a represented party. The attorney may, however, advise the client that if the client wishes to communicate directly with a represented party, that is permissible.
One of the most frequent ethical dilemmas in legal practice is the conflict of interest. This occurs when a lawyer's duty to one client is compromised by their duty to another client, a third party, or their own interests.
Proposed rule 4.2 carries forward the substance of current rule 2-100, the “no contact” rule, and prohibits a lawyer who represents a client in a matter from communicating, either directly or indirectly, about the subject matter of the representation with a person represented by a lawyer in the same matter.
Rule 4.2 applies to lawyers “in representing a client.” This means that unless you currently represent someone whose interests are adverse to the prospective client, Rule 4.2 does not prohibit a disinterested lawyer from providing a second opinion to someone who is currently represented by counsel. See Legal Ethics Op.
Rule 4.2 of the American Bar Association's Model Rules of Professional Conduct provides: "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 ...
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.
These include misconduct such as (a) violating or attempting to violate the Rules of Professional Conduct, (b) knowingly assisting or inducing another to violate the Rules of Professional Conduct, or violating the Rules of Professional Conduct through the acts of another; (c) committing a criminal act that reflects ...
Clients and third persons frequently transfer monies to lawyers to hold. Rule 1.15 of the Pennsylvania Rules of Professional Conduct generally requires the lawyer to deposit all monies of clients and third persons (“Rule 1.15 Funds”) in a Trust Account.