Miss. R. Prof'l. Cond. 4.3

As amended through October 31, 2024
Rule 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. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.

Miss. R. Prof'l. Cond. 4.3

Amended effective 11/3/2005 to cover giving legal advice to unrepresented persons.

Comment

An unrepresented person, particularly one not experienced in dealing with legal matters, might assume that a lawyer is disinterested in loyalties or is a disinterested authority on the law even when the lawyer represents a client. During the course of a lawyer's representation of a client, the lawyer should not give advice to an unrepresented person other than the advice to obtain counsel.

Code Comparison

There is no direct counterpart to this Rule in the Code. DR 7-104(A)(2) provides that a lawyer shall not "give advice to a person who is not represented by a lawyer, other than the advice to secure counsel...."

See Supplement to MSB Ethics Opinion No. 80.

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