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 state that the lawyer is
representing a client and 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 advice to the unrepresented person other than
to secure counsel.
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ANNOTATIONSSource:
Comment amended and adopted June 17, 1999, effective July 1, 1999.
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.
The lawyer must comply with the requirements of this Rule for pro se parties to whom
limited
representation has been provided, in accordance with C.R.C.P. 11(b), C.R.C.P. 311(b),
Colo.RPC 1.2, and Colo.RPC 4.2. Such parties are considered to be unrepresented for
purposes of this Rule.
COMMITTEE COMMENT
The Committee has added to the ABA provision the language
requiring the lawyer to "state that the lawyer is representing a
client". The Committee has also added the requirement that "the lawyer
shall not give advice to the unrepresented person other than to secure
counsel", to parallel DR 7-104(A)(2) of the Code.
ANNOTATION
Law reviews. For article, "Discrete Task Representation a/k/a Unbundled
Legal Services", see 29 Colo. Law. 5 (January 2000).
Annotator's note.
Rule 4.3 is similar to
DR 7-104 as it
existed prior to the 1992 repeal and reenactment of the Code of
Professional Responsibility.
Relevant cases construing that provision have been included
in the annotations to Rule 3.4.
Conduct violating this rule in conjunction with other disciplinary rules is sufficient
to justify suspension. In re Meyers, 981 P.2d 143 (Colo. 1999).
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