Attorney Able, who is corporate counsel for Company, is investigating a possible theft ring in the parts department of Company. Attorney Able knows that Employee Ed has worked in the parts department for a long time and believes that Ed is a suspect in the thefts. Able believes that if Ed were questioned, Employee Ed would not answer truthfully if he knew the real purpose of the questions. Able plans to question Ed and falsely tell him that he is not a suspect and that his answers will be held in confidence. Is Attorney Able subject to discipline if she so advises Employee Ed?
A. Yes, because Attorney’s conduct involves misrepresentation.
B. Yes, unless Attorney first advises Employee to obtain counsel to represent Employee.
C. No, because no legal proceedings are now pending.
D. No, because Attorney did not give legal advice to Employee.
Answer:A
Attorney Able, who is corporate counsel for Company, is investigating a possible theft ring in the parts department of Company. Attorney Able knows that Employee Ed has worked in the parts department for a long time and believes that Ed is a suspect in the thefts. Able believes that if Ed were questioned, Employee Ed would not answer truthfully if he knew the real purpose of the questions. Able plans to question Ed and falsely tell him that he is not a suspect and that his answers will be held in confidence. Is Attorney Able subject to discipline if she so advises Employee Ed?
A. Yes, because Attorney’s conduct involves misrepresentation. B. Yes, unless Attorney first advises Employee to obtain counsel to represent Employee. C. No, because no legal proceedings are now pending. D. No, because Attorney did not give legal advice to Employee.