MBE Rules · Professional Responsibility
Truthfulness to Third Persons
Cal. Rule 4.1
The rule
A lawyer shall not knowingly make a false statement of material fact or law to a third person; puffery in negotiation (value estimates, settlement intentions) is not 'fact,' but half-truths and affirmative deception are violations.
In plain English
Lawyers must be honest when communicating with third parties and cannot knowingly lie about important facts or laws. While exaggerations or opinions during negotiations are allowed, misleading someone with half-truths or outright lies is not permissible.
Worked example
A lawyer tells a potential client that a case has a 90% chance of winning based on their experience, but they know that the case has serious weaknesses that make the chances much lower. This statement misleads the client about the material facts of the case, violating the rule. As a result, the lawyer faces disciplinary action for making a false statement.
Memory hook
Honesty is the best policy, especially when third parties are involved.
The trap
Exams often include scenarios where students must distinguish between permissible puffery and prohibited false statements, leading to confusion over what constitutes a material fact.
How examiners test it
Questions typically present a negotiation scenario where a lawyer's statements to a third party are scrutinized for truthfulness, often requiring candidates to identify violations of this rule.
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More Professional Responsibility rules
- Duty of Confidentiality · Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
- Client Trust Account — IOLTA · Cal. Rules of Prof. Conduct 1.15
- Duty to Report Misconduct · Cal. Rules of Prof. Conduct 8.3
- Unconscionable Fees · Cal. Rule 1.5
- Fee Division Among Lawyers · Cal. Rule 1.5.1
- Compensation from Third Parties · Cal. Rule 1.8.6