Rule 4.4.Respect for Rights of Third Persons
In representing a client, a lawyer shall not use means that have
no substantial purpose other than to embarrass, delay, or burden a third
person, or use methods of obtaining evidence that violate the legal
rights of such a person.
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ANNOTATIONSCOMMENT
Responsibility to a client requires a lawyer to subordinate the
interests of others to those of the client, but that responsibility does
not imply that a lawyer may disregard the rights of third persons. It
is impractical to catalogue all such rights, but they include legal
restrictions on methods of obtaining evidence from third persons.
COMMITTEE COMMENT
This rule is unchanged from that adopted by the ABA. It provides,
in different language, the provisions contained in DR's 7-102(A)(1) and
7-106(C)(2) of the Code.
ANNOTATION
Annotator's note.
Rule 4.4 is similar to
DR 2-110, DR 7-101, DR 7-102, DR 7-106, and DR 7-108
as they
existed prior to the 1992 repeal and reenactment of the Code of
Professional Responsibility.
Relevant cases construing
DR 2-100, DR 7-101, and DR 7-102 have been included Under Rule 1.2, cases
construing DR 7-106 have been included under Rule 3.3, and cases construing DR
7-108 have been included under Rule 3.5.
Conduct violating this rule in conjunction with other
disciplinary rules is sufficient to justify disbarment.
People v. Bennett, 843 P.2d 1385 (Colo. 1993).
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