(a) Give advice to the unrepresented person other than the advice to secure counsel, if the interests of such person are or have a reasonable possibility of being in conflict with the interests of the lawyer’s client;
(b) State or imply to unrepresented persons whose interests are not in conflict with the interests of the lawyer’s client that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstandings.
Comment
[1] An unrepresented person, particularly one not
experienced in dealing with legal matters, might assume that a lawyer
will provide disinterested advice concerning the law even when the lawyer
represents a client. In dealing personally with any unrepresented third
party on behalf of the lawyer’s client, a lawyer must take great care
not to exploit these assumptions.
[2] The Rule distinguishes between situations involving
unrepresented third parties whose interests may be adverse to those
of the lawyer’s client and those in which the third party’s interests
are not in conflict with the client’s. In the former situation, the
possibility of the lawyer’s compromising the unrepresented person’s
interests is so great that the Rule prohibits the giving of any advice,
apart from the advice that the unrepresented person obtain counsel.
A lawyer is free to give advice to unrepresented persons whose interests
are not in conflict with those of the lawyer’s client, but only if it
is made clear that the lawyer is acting in the interests of the client.
Thus the lawyer should not represent to such persons, either expressly
or implicitly, that the lawyer is disinterested. Furthermore, if it
becomes apparent that the unrepresented person misunderstands the lawyer’s
role in the matter, the lawyer must take whatever reasonable, affirmative
steps are necessary to correct the misunderstanding.
[3] This Rule is not intended to restrict in any way
law enforcement efforts by government lawyers that are consistent with
constitutional requirements and applicable federal law.
