Home › Alabama › Rules of Professional Conduct › Rule 4.4

Rule 4.4 Respect for Rights of Third Persons.

← Previous Rule 4.3: Dealing with Unrepresented Person. Next → Rule 5.1: Responsibilities of a Partner or Supervisory Lawyer.

Rule Text

(a) In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

(b) A lawyer who receives a document that on its face appears to be subject to the attorney-client privilege or otherwise confidential, and who knows or reasonably should know that the document was inadvertently sent, should promptly notify the sender and

(1) abide by the reasonable instructions of the sender regarding the disposition of the document; or

(2) submit the issue to an appropriate tribunal for a determination of the disposition of the document.

[Amended eff. 6-23-2008.]

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

This rule sets limits on how lawyers treat other people while working on a case, even if those people are not their clients. A lawyer cannot use tricks or tactics that are only meant to annoy, harass, or slow down someone else. Lawyers also cannot break the law to gather evidence, even if it might help their client's case.

The rule also covers what happens when a lawyer gets a document they were not supposed to see, like a confidential letter between another lawyer and their client that got sent by mistake. If a lawyer realizes this happened, they need to let the sender know right away. Then the lawyer should either follow the sender's reasonable instructions about what to do with the document, or ask a judge to decide what should happen to it.

The main point of this rule is to keep lawyers honest and fair, not just to their own clients but to everyone involved in a legal matter. It stops lawyers from using sneaky or harmful methods just to win, and it makes sure that mistakes like accidentally sending private information get handled the right way.

Committee Notes

Comment

Responsibility to a client requires a lawyer to subordinate the interests of others to those of the client, but that responsibility does not imply that a lawyer may disregard the rights of third persons. It is impractical to catalogue all such rights, but they include legal restrictions on methods of obtaining evidence from third persons. This Rule does not apply to the subpoena of a material witness (one who has relevant information).

Comparison with Former Alabama Code of Professional Responsibility

DR 7-102(A)(1) provided that a lawyer shall not “take... action on behalf of his client when he knows or when it is obvious that such action would serve merely to harass or maliciously injure another.” DR 7-108(D) provided 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) provided that a lawyer “shall not conduct... a vexatious or harassing investigation or either a venireman or a juror.” DR 7-108(F) further provided that all restrictions imposed in DR 7-108 “also apply to communications with or investigations of members of a family of a venireman or a juror.”

Note from the reporter of decisions: The order amending Rule 1.8, the Comment to Rule 1.8, Rule 1.10(a), the Comment to Rule 1.10, Rule 1.12, Rule 1.14, the Comment to Rule 1.14, the Comment to Rule 3.2, Rule 3.6, the Comment to Rule 3.7, Rule 3.9, and Rule 4.4 is published in that volume of Alabama Reporter that contains Alabama cases from 983 So.2d.

← Previous Rule 4.3: Dealing with Unrepresented Person. Next → Rule 5.1: Responsibilities of a Partner or Supervisory Lawyer.

This Rule Set

View All Ala. R. Prof. C. Rules

Last updated: September 2026

Report an error