Dealing with Unrepresented Persons

When a lawyer interacts with someone who doesn't have their own lawyer, they must be clear about their role and cannot pretend to be neutral. If the unrepresented person misunderstands the lawyer's position, the lawyer must clarify it and can only suggest that they seek their own legal counsel if there are conflicting interests.

A lawyer meets with a potential client who is involved in a dispute with a former business partner. The lawyer explains the legal process but does not clarify that they represent the business partner, leading the unrepresented person to believe the lawyer is on their side. The lawyer must correct this misunderstanding and advise the unrepresented individual to hire their own lawyer to avoid any conflict of interest.

No neutral ground: clarify your role and steer them to counsel!

Exams may present scenarios where the lawyer's role is ambiguous, tricking students into thinking the lawyer can provide more advice than allowed. Watch for questions that test your understanding of conflicts of interest.

This rule often appears in questions that involve interactions between lawyers and unrepresented parties, focusing on the lawyer's obligations to clarify their role and avoid giving legal advice.