RULE 4.4 RESPECT FOR RIGHTS OF THIRD PERSONS

Effective Date: 8/1/2006

In representing a client, a lawyer shall not use means that have no substantial purpose other than to delay or to embarrass or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

Comment

[1] Responsibility to a client requires a lawyer to subordinate the interests of others to those of the client, but that responsibility does not imply that a lawyer may disregard the rights of third persons. For example, a lawyer shall not: ask questions or otherwise allude to matters not reasonably believed to be relevant with the intention of degrading a witness or another; act on a client's behalf only to harass or maliciously injure another; or make comments to or investigate jurors or members of the venire where those acts are calculated merely to harass, embarrass, or vex jurors or members of the venire.

Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 09/20/85 and 10/18/85; Minutes of Joint Committee on Attorney Standards on 06/08/04, 04/08/05, 06/14/05.

Effective Date Obsolete Date
08/01/2006 View
09/20/1985 08/01/2006 View