IA · rules
Iowa R. Prof'l Conduct 32:4.3
Dealing with unrepresented person
In dealing on behalf of a client with a person who is not represented by counsel, a lawyer
shall not state or imply 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 misunderstanding. The lawyer shall not give
legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer
knows or reasonably should know that the interests of such a person are or have a reasonable
possibility of being in conflict with the interests of the client.
Comment
[1] An unrepresented person, particularly one not experienced in dealing with legal matters, might
assume that a lawyer is disinterested in loyalties or is a disinterested authority on the law even when
the lawyer represents a client. In order to avoid a misunderstanding, a lawyer will typically need
to identify the lawyer’s client and, where necessary, explain that the client has interests opposed to
those of the unrepresented person. For misunderstandings that sometimes arise when a lawyer for an
organization deals with an unrepresented constituent, see rule 32:1.13(f).
[2] The rule distinguishes between situations involving unrepresented persons whose interests
may be adverse to those of the lawyer’s client and those in which the person’s interests are not in
conflict with the client’s. In the former situation, the possibility that the lawyer will compromise the
unrepresented person’s interests is so great that the rule prohibits the giving of any advice, apart from
the advice to obtain counsel. Whether a lawyer is giving impermissible advice may depend on the
experience and sophistication of the unrepresented person, as well as the setting in which the behavior
and comments occur. This rule does not prohibit a lawyer from negotiating the terms of a transaction
or settling a dispute with an unrepresented person. So long as the lawyer has explained that the lawyer
represents an adverse party and is not representing the person, the lawyer may inform the person of the
terms on which the lawyer’s client will enter into an agreement or settle a matter, prepare documents
that require the person’s signature, and explain the lawyer’s own view of the meaning of the document
or the lawyer’s view of the underlying legal obligations.
History
[Court Order April 20, 2005, effective July 1, 2005]
Provenance
- Source
- www.legis.iowa.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
d380f70aefb0e4901c335d5a43b06e9f8a8037ea5038166ecc6b070196fe0f07
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