RULE 4.1 TRUTHFULNESS IN STATEMENTS TO OTHERS

Effective Date: 8/1/2006

In the course of representing a client a lawyer shall not make a statement to a third person of fact or law that the lawyer knows to be false.

Comment

Misrepresentation

A lawyer is required to be truthful when dealing with others on a client's behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. Misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements. For misrepresentations by a lawyer other than in the course of representing a client, see Rule 8.4.

Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 08/17/84, 09/13/84 and Approved on 10/19/84 and 10/18/85; Minutes of the Joint Committee on Attorney Standards on 06/08/04; 04/08/05, 06/14/05.

Effective Date Obsolete Date
08/01/2006 View
08/17/1984 08/01/2006 View