Is it legal for a lawyer to question me under false pretenses?

Asked 7 months ago - Eugene, OR

I was called randomly by a lawyer who asked to meet up with me regarding a case I had been involved in. He said he had a packet for me to fill out and that he wanted to help me with my case. I was assaulted. So, I met up with him at 9pm and he asked me to get into the front seat of his car. He then told me that he actually represented my attacker. Is this legal?

Attorney answers (2)

  1. Jay Bodzin

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What you describe is not illegal in the sense of criminal, but it may be unethical. It's not clear from your question just what kind of legal proceeding this attorney is involved in. But either way, he shouldn't tell you things that are actually untrue. Oregon Rule of Professional Conduct 4.1 prohibits an attorney from making any false statement of material fact to a third party while representing a client. If you're a party to a case also involving his client, then he's prohibited from communicating with you directly as long as you're represented (ORPC 4.2), and if you're unrepresented, then he is required to notify you that he's not disinterested and he can't give you legal advice (ORPC 4.3).

    It was not illegal for him to ask you to meet at 9:00 pm, or to meet in his car. Unprofessional, maybe, but not unethical or illegal. If you felt unsafe, you shouldn't have gone. Dishonest statements to get you there, though, are unethical.

    If you're involved in any sort of ongoing case, you should consult with your own attorney, in private. They can give you a better idea what to do about this sort of thing, and assure it doesn't happen again.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Yunus M. Paisner

    Pro

    Contributor Level 13

    Answered . I'm sorry you had to deal with a lawyer who seemed shady to you. In theory lawyers are not allowed to "lie" while on duty, or off duty. The only exception is things like santa and tooth fairies.. Anyway if you feel lied to (even if the lawyer may have some technical defense) file a bar complaint:
    http://www.osbar.org/public/legalinfo/1174.htm

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