Oklahoma Rules of Professional Conduct
Chapter 1, App. 3-A
Transactions with Persons Other than Clients

Rule 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. A lawyer shall not give advice to such a person other than the advice to secure counsel, if the interests of such person are, or have a reasonable possibility of being, in conflict with the interests of the client.

Comments

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. 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. Rule 4.3 is substantially identical to DR 7-104 (A)(2). Code Comparison There is no direct counterpart to this Rule in the Code. DR 7-104 (A)(2) provides that a lawyer shall not "[g]ive advice to a person who is not represented by a lawyer, other than the advice to secure counsel . . . ." Oklahoma Modification The second sentence of Rule 4.3 is substantially similar to DR 7-104 (A)(2) of the Oklahoma Code of Professional Responsibility and was substituted for the second sentence of ABA Model Rule 4.3, the substance of which Oklahoma included in the Comment. Historical Data Adopted effective July 1, 1988.