Page 70 - 2024 Orientation Manual

(2) the evidence sought is essential to the successful completion of an ongoing
investigation or prosecution; and

(3) there is no other feasible alternative to obtain the information;

(f) except for statements that are necessary to inform the public of the nature and extent of the
prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from
making extrajudicial comments that have a substantial likelihood of heightening public
condemnation of the accused and exercise reasonable care to prevent investigators, law
enforcement personnel, employees or other persons assisting or associated with the
prosecutor in a criminal case from making an extrajudicial statement that the prosecutor
would be prohibited from making under Rule 3.6 or this Rule.

Rule 3.9. Appearance in Nonadjudicative Proceedings
A lawyer appearing before a legislative or administrative tribunal in a non-adjudicative proceeding
shall disclose that the appearance is in a representative capacity and shall conform to the provision
of Rule 3.3(a) through (c), 3.4(a) through (c), and 3.5.

Transactions with Persons other than Clients

Rule 4.1. Truthfulness in Statements to Others
In the course of representing a client a lawyer shall not knowingly:

(a) make a false statement of material fact or law to a third person; or

(b) fail to disclose a material fact when disclosure is necessary to avoid assisting a criminal or
fraudulent act by a client, unless disclosure is prohibited by Rule 1.6.

Rule 4.2. Communication with Persons Represented by Counsel
Unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court
order, a lawyer in representing a client shall not communicate about the subject of the
representation with:

(a) a person the lawyer knows to be represented by another lawyer in the matter; or

(b) a person the lawyer knows is presently a director, officer, employee, member, shareholder
or other constituent of a represented organization and

(1) who supervises, directs or regularly consults with the organization’s lawyer
concerning the matter;

(2) who has the authority to obligate the organization with respect to the matter; or

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