Ala. R. Prof'l Conduct 4.1

History

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 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. Comparison with Former Alabama Code of Professional Responsibility Paragraph (a) is substantially similar to DR 7-102(A)(5), which stated that “[i]n his representation of a client, a lawyer shall not... [k]nowingly make a false statement of law or fact.” With regard to paragraph (b), DR 7-102(A)(3) provided that a lawyer shall not “[c]onceal or knowingly fail to disclose that which he is required by law to reveal.”