ACTEC COMMENTARIES ON THE MODEL RULES OF PROFESSIONAL CONDUCT
MRPC 4.3
Dealing with Unrepresented Person.
In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.
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ACTEC COMMENTARY ON MRPC 4.3
In dealing with the beneficiaries of an estate or trust who are not represented by counsel, the lawyer for the fiduciary is dealing with unrepresented persons and is bound by the considerations of MRPC 4.3. In dealing with unrepresented beneficiaries the lawyer may not suggest that he or she is disinterested. As indicated in the ACTEC Commentary on MRPC 1.2 (Scope of Representation), the lawyer should inform the beneficiaries of the fiduciary estate regarding various matters, including the fact that the lawyer does not represent them and that they may wish to obtain independent counsel. If the lawyer knows or reasonably should know that an unrepresented beneficiary, or another unrepresented person, misunderstands the lawyer's role in the matter, the lawyer should make reasonable efforts to correct the misunderstanding. The lawyer should not permit the beneficiaries to believe that the lawyer is the lawyer for the parties interested in the matter if the lawyer is serving only as lawyer for the fiduciary.
ANNOTATIONS
(Refer to Caveat)
See also the Annotations following the ACTEC Commentary on MRPC 1.2 (Scope of Representation).
: Case
California:
Butler v. State Bar , 721 P.2d 585 (Cal. 1986):
The attorney's duty to communicate with a client includes the duty to communicate to persons who reasonably believe they are clients to the attorney's knowledge at least to the extent of advising them that they are not clients. Id. at 589.
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