Under Rule 4.1 Truthfulness in Statements to Others, which action is prohibited?

Under Rule 4.1 Truthfulness in Statements to Others, which action is prohibited?

• A. Make a false statement of material fact or law to a third person.
• B. Fail to disclose a material fact when disclosure necessary to avoid assisting criminal or fraudulent activity.
• C. Both A and B.
• D. None of the above.

Answer: (C)

Rule 4.1 condemns two kinds of misleading or concealing conduct. First, a lawyer may not knowingly make a false statement of material fact or law to a third person. That means you can’t fabricate or misstate facts or legal points that would influence someone else’s decisions. Second, the rule prohibits withholding a material fact when disclosure is necessary to prevent the client from engaging in criminal or fraudulent activity that could cause substantial harm. In other words, if staying silent would help the client commit wrongdoing, the lawyer must disclose what’s necessary to avoid enabling that harm. Put together, these prohibitions cover both lying and omitting important information in situations that could facilitate crime or fraud, which is why describing both behaviors as prohibited is correct.

Rule 4.1 condemns two kinds of misleading or concealing conduct. First, a lawyer may not knowingly make a false statement of material fact or law to a third person. That means you can’t fabricate or misstate facts or legal points that would influence someone else’s decisions. Second, the rule prohibits withholding a material fact when disclosure is necessary to prevent the client from engaging in criminal or fraudulent activity that could cause substantial harm. In other words, if staying silent would help the client commit wrongdoing, the lawyer must disclose what’s necessary to avoid enabling that harm. Put together, these prohibitions cover both lying and omitting important information in situations that could facilitate crime or fraud, which is why describing both behaviors as prohibited is correct.