Negotiations And Transactional Matters

Front 1

Making a false statement
(Disclosure of facts in a negotiation)

Back 1

Cannot make a false statement of material fact or law to ANY third party

Front 2

Failure to disclose
(Disclosure of facts in a negotiation)

Back 2

Cannot fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

Front 3

Puffery (Def. + 4 examples)
(Disclosure of facts in a negotiation)

Back 3

Statements you can lie about (puffery): Some statements can be lied about.
Requirement: whether the opposing party would be reasonable in relying on the statement made.

Examples: The following are generally ok to lie about
1. Relative merits of the case
2. Estimates of price and value
3. Party’s intentions
4. Statements about future intent

Front 4

Exploiting an opponent’s mistake of fact
(Disclosure of facts in a negotiation)

Back 4

If it is a material fact you have to correct it. E.g. if a party dies, you have to tell the other side.

Front 5

The Noisy Withdrawal

Back 5

You tell everyone that you withdraw AND you can tell them not to give credence to specific documents. This allows the lawyer to withdraw from the representations in any documents as well as withdrawal from a lawyer.

Front 6

Transactions with Unrepresented Persons (3):

Back 6

1. Don’t give legal advice to an unrepresented person
2. If the lawyer knows or should know that the unrepresented person misunderstands the lawyers role in the matter the lawyer must make reasonable efforts to correct the misunderstanding
3. If the lawyer knows or should know that their client’s interests are likely to be in conflict with those of the unrepresented person they must not give legal advice to that person.

Front 7

Threatening criminal action

Back 7

ok, as long as you don’t suggest that you have any special influence with the DA’s office.