Ethics Question of the Week: What are the rules for communicating with an unrepresented person?
Q. What are the rules regarding communicating with an unrepresented individual?
A. IRPC 4.3 allows an attorney to communicate and negotiate with an unrepresented individual as long as certain requirements are met. The attorney “shall not state or imply that the lawyer is disinterested” and “the lawyer shall not give any legal advice to the unrepresented person, other than the advice to secure counsel.” For more information, see ISBA Professional Conduct Advisory Opinion 14-02.
ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.
Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.
Member Comments (1)
I believe a lawyer also has to curb an inclination to threaten more than he can legally deliver to his client. I once was in the difficult position of believing I had to file an ARDC complaint against an otherwise fine lawyer who had sent a threatening letter to a forcible entry and detainer defendant, threatening to sell her mattress and whatever else she had, completely without mentioning and without regard to the exemptions under the Civil Practice Act. He didn't think it was his obligation to inform her about her exemption rights. But, in my mind, that didn't excuse him from threatening something he couldn't legally do. I don't know what ARDC did with it, but he is still practicing. He wasn't very happy with me, though.