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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Maryland Legal Ethics

IV. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

4.1   Rule 4.1 Truthfulness in Statements to Others

4.1:100   Comparative Analysis of Maryland Rule

Primary Maryland References: MD Rule 4.1
Background References: ABA Model Rule 4.1, Other Jurisdictions
Commentary:

4.1:101      Model Rule Comparison

Maryland Rule 4.1 is substantially similar to MR 4.1 with one significant exception. Maryland Rule 4.1(b) requires disclosure to third parties in order to avoid assisting a client in a criminal or fraudulent act "even if compliance requires disclosure of information otherwise protected by Maryland Rule 1.6." MR 4.1 requires similar disclosure except in instances in which disclosure would violate MR 1.6.

4.1:102      Model Code Comparison

Maryland Rule 4.1(a) is substantially similar to DR 7-102(a)(5), which states that "in its representation of a client, a lawyer shall not . . . knowingly make a false statement of law or fact." With regard to Maryland Rules 4.1(a)(2) and 4.1(b), DR 7-102(A)(3) provides that a lawyer shall not "conceal or knowingly fail to disclose that which he is required by law to reveal."

4.1:200   Truthfulness in Out-of-Court Statements

Primary Maryland References: MD Rule 4.1
Background References: ABA Model Rule 4.1, Other Jurisdictions
Commentary: ABA/BNA 71:201, ALI-LGL 157

This section has not yet been completed.

4.1:300   Disclosures to Avoid Assisting Client Fraud [see also 1.6:370]

Primary Maryland References: MD Rule 4.1(b)
Background References: ABA Model Rule 4.1(b), Other Jurisdictions
Commentary: ABA/BNA 71:201, ALI-LGL 117A, 151, Wolfram 12.6, 13.3

This section has not yet been completed.

4.2   Rule 4.2 Communication with Person Represented by Counsel

4.2:100   Comparative Analysis of Maryland Rule

Primary Maryland References: MD Rule 4.2
Background References: ABA Model Rule 4.2, Other Jurisdictions
Commentary:

4.2:101      Model Rule Comparison

Maryland Rule 4.2 is substantively identical to MR 4.2, except that the Maryland Rule uses the word "party" (as used in the Model Code) in place of the word "person" as used in MR 4.2. The comment to Maryland Rule 4.2 is substantially different from the comment to MR 4.2. The comment to Maryland Rule 4.2 does not contain the second, fourth or fifth paragraphs (regarding government investigations, communication with organization's employees and actual knowledge of representation, respectively) found in the comment to MR 4.2.

4.2:102      Model Code Comparison

Maryland Rule 4.2 is substantively identical to DR 7-104(A)(1).

4.2:200   Communication with a Represented Person

Primary Maryland References: MD Rule 4.2
Background References: ABA Model Rule 4.2, Other Jurisdictions
Commentary: ABA/BNA 71:301, ALI-LGL 158-162, Wolfram 11.6.2

4.2:210      "Represented Person" (Contact with an Agent or Employee of a Represented Entity)

This section has not yet been completed.

4.2:220      Communications "Authorized by Law" -- Law Enforcement Activities

This section has not yet been completed.

4.2:230      Communications "Authorized by Law" -- Other

This section has not yet been completed.

4.2:240      Communication with a Represented Government Agency or Officer

This section has not yet been completed.

4.2:250      Communication with a Confidential Agent of Non-Client

This section has not yet been completed.

4.3   Rule 4.3 Dealing with Unrepresented Person

4.3:100   Comparative Analysis of Maryland Rule

Primary Maryland References: MD Rule 4.3
Background References: ABA Model Rule 4.3, Other Jurisdictions
Commentary:

4.3:101      Model Rule Comparison

Maryland Rule 4.3 and its accompanying comment are substantively identical to MR 4.3 and its accompanying comment.

4.3:102      Model Code Comparison

There is no direct counterpart to Maryland Rule 4.3 in the Model Code. DR 7-104(A)(2) provides that a lawyer shall not "[g]ive advice to a person who is not represented by a lawyer, other than the advice to secure counsel . . . ."

4.3:200   Dealing with Unrepresented Person

Primary Maryland References: MD Rule 4.3
Background References: ABA Model Rule 4.3, Other Jurisdictions
Commentary: ABA/BNA 71:501, ALI-LGL 163, Wolfram 11.6.3

This section has not yet been completed.

4.4   Rule 4.4 Respect for Rights of Third Persons

4.4:100   Comparative Analysis of Maryland Rule

Primary Maryland References: MD Rule 4.4
Background References: ABA Model Rule 4.4, Other Jurisdictions
Commentary:

4.4:101      Model Rule Comparison

Maryland Rule 4.4 is substantively identical to MR 4.4, except that under the Maryland Rule breach occurs only if the lawyer "knows" that his or her conduct violates the legal rights of a third person. The comment sections to Maryland Rule 4.4 and MR 4.4 are virtually identical.

4.4:102      Model Code Comparison

DR 7-106(C)(2) provides that a lawyer shall not "[a]sk any question that he has no reasonable basis to believe is relevant to the case and that is intended to degrade a witness or other person." DR 7-108(D) provides that "[a]fter discharge of the jury . . . the lawyer shall not ask questions or make comments to a member of that jury that are calculated merely to harass or embarrass the juror . . . ." DR 7-108(E) provides that a lawyer "shall not conduct . . . a vexatious or harassing investigation of either a venireman or a juror."

4.4:200   Disregard of Rights or Interests of Third Persons

Primary Maryland References: MD Rule 4.4
Background References: ABA Model Rule 4.4, Other Jurisdictions
Commentary: ABA/BNA 71:101, ALI-LGL 163, 166, 167, Wolfram 12.4.4

4.4:210      Cross-Examining a Truthful Witness; Fostering Falsity

This section has not yet been completed.

4.4:220      Threatening Prosecution [see 8.4:900]

This section has not yet been completed.

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