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Miss. R. Prof'l Conduct 4.1

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Rule 4.1 Truthfulness in Statements to Others

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Rule Text

In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

(b) 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.

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

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

When a lawyer is working on behalf of a client, they have to be honest with other people involved in the matter. This means a lawyer cannot lie about important facts or important points of law when talking to someone outside their own client, like an opposing party, a witness, or another lawyer.

The rule also covers situations where staying silent would be just as bad as lying. If a lawyer knows that speaking up is the only way to stop their client from committing fraud or another crime, the lawyer has to share that information. In other words, a lawyer cannot help hide the truth if doing so would let a client get away with fraud or a crime.

This rule protects everyone involved in a legal matter, not just the lawyer's own client. It keeps lawyers from using lies or tricks to win a case, and it stops them from turning a blind eye when their silence would help a client cheat someone else.

Committee Notes

Comment

Misrepresentation. A lawyer is required to be truthful when dealing with others on a client's behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. Misrepresentations can also occur by failure to act.

Statements of Fact. This Rule refers to statements of fact. Whether a particular statement should be regarded as one of fact can depend on the circumstances. Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of material fact. Estimates of price or value placed on the subject of a transaction and a party's intentions as to an acceptable settlement of a claim are in this category, and so is the existence of an undisclosed principal except where nondisclosure of the principal would constitute fraud.

Fraud by Client. Paragraph (b) recognizes that substantive law, for example, Miss. Code Ann. Section 97-1-3 (1972), may require a lawyer to disclose certain information to avoid being deemed to have assisted the client's crime or fraud. The requirement of disclosure created by this paragraph is, however, subject to the obligations created by Rule 1.6.

Code Comparison

Rule 4.1(a) is substantially similar to DR 7-102(A)(5), which states that "In his representation of a client, a lawyer shall not ... knowingly make a false statement of law or fact."

With regard to Rule 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."

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