ORPC 4.3 Dealing with Unrepresented Person

E810470

ORPC 4.3 Dealing with Unrepresented Person is a rule within the Oregon Rules of Professional Conduct that governs how lawyers must interact ethically and fairly with individuals who do not have legal representation.

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Statements (33)

Predicate Object
instanceOf Oregon Rule of Professional Conduct
professional conduct rule
addresses risk that unrepresented persons may assume the lawyer is neutral
aimsToProtect integrity of the legal process
unrepresented persons from overreaching by lawyers
appliesIn civil matters
criminal matters
appliesTo lawyers licensed in Oregon
appliesWhen a lawyer deals on behalf of a client with an unrepresented person
enforcedBy Oregon State Bar NERFINISHED
ethicalDuty duty of candor about the lawyer’s role
duty to avoid giving conflicted legal advice to unrepresented persons
exception lawyer may advise unrepresented person to secure counsel
focusesOn interactions with persons who do not have their own lawyer
governs disclosures a lawyer must make about representation status
jurisdiction Oregon NERFINISHED
legalField legal ethics
professional responsibility
objective to minimize confusion about whom the lawyer represents
to reduce risk of inadvertent reliance on opposing counsel by unrepresented persons
partOf Oregon Rules of Professional Conduct NERFINISHED
prohibits lawyer from giving legal advice to an unrepresented person whose interests conflict with the lawyer’s client
lawyer from stating or implying that the lawyer is disinterested
purpose to ensure ethical and fair treatment of unrepresented persons
to prevent misunderstanding about the lawyer’s role
regulates lawyer communications with unrepresented persons
relatedTo ORPC 4.1 Truthfulness in Statements to Others NERFINISHED
ORPC 4.2 Communication with Person Represented by Counsel NERFINISHED
requires lawyer to avoid creating unjustified expectations in unrepresented persons
lawyer to clarify that the lawyer represents a client
lawyer to correct misunderstandings about being disinterested
source Oregon State Bar regulatory framework
violationMayLeadTo professional discipline for the lawyer

Referenced by (1)

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Oregon Rules of Professional Conduct hasPart ORPC 4.3 Dealing with Unrepresented Person