WI · rules
SCR 20:4.3
Dealing with unrepresented person
(a) In dealing on behalf of a client with a person who is not
represented by counsel, a lawyer shall inform such person of the lawyer's
role in the matter. 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.
(b) An otherwise unrepresented party to whom limited scope
representation is being provided or has been provided in accordance with
SCR 20.1.2(c) is considered to be unrepresented for purposes of this rule
unless the lawyer providing limited scope representation notifies the
opposing lawyer otherwise.
History
WISCONSIN COMMENT A municipal prosecutor's obligations under this rule should be read in conjunction with SCR 20:3.8(d) and (f). WISCONSIN COMMITTEE COMMENT This Wisconsin Supreme Court Rule differs from the Model Rule in requiring lawyers to inform unrepresented persons of the lawyer's role in the matter, whereas the Model Rule requires only that the lawyer not state or imply that the lawyer is disinterested. A similar obligation to clarify the lawyer's role is expressed in SCR 20:1.13(f), SCR 20:2.4, SCR 20:3.8(b), and SCR 20:4.1. ABA 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 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.
Provenance
- Source
- www.wicourts.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
185f0fd9ff4c52d9238361951ea3dea8ddb4bd799054fe27b2499e6a9b2edc0e
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