RPC 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 to a third person when disclosure is
necessary to avoid assisting a criminal or fraudulent act by a client,
unless disclosure is prohibited by Rule 1.6.

Comment

Misrepresentation

  [1] A lawyer is required to be truthful when dealing with others on a
client's behalf, but generally has no affirmative duty to inform an
opposing party of relevant facts. A misrepresentation can occur if the
lawyer incorporates or affirms a statement of another person that the
lawyer knows is false. Misrepresentations can also occur by partially true
but misleading statements or omissions that are the equivalent of
affirmative false statements. For dishonest conduct that does not amount to
a false statement or for misrepresentations by a lawyer other than in the
course of representing a client, see Rule 8.4.

Statements of Fact

  [2] This Rule refers to statements of fact. Whether a particular
statement should be regarded as one of fact can depend on the
circumstances. Under generally accepted conventions in negotiation, certain
types of statements ordinarily are not taken as statements of material
fact. Estimates of price or value placed on the subject of a transaction
and a party's intentions as to an acceptable settlement of a claim are
ordinarily in this category, and so is the existence of an undisclosed
principal except where nondisclosure of the principal would constitute
fraud. Lawyers should be mindful of their obligations under applicable law
to avoid criminal and tortious misrepresentation.

Crime or Fraud by Client

  [3] Under Rule 1.2(d), a lawyer is prohibited from counseling or
assisting a client in conduct that the lawyer knows is criminal or
fraudulent. Paragraph (b) states a specific application of the principle
set forth in Rule 1.2(d) and addresses the situation where a client's crime
or fraud takes the form of a lie or misrepresentation. Ordinarily, a lawyer
can avoid assisting a client's crime or fraud by withdrawing from the
representation. Sometimes it may be necessary for the lawyer to give notice
of the fact of withdrawal and to disaffirm an opinion, document,
affirmation or the like. In extreme cases, substantive law may require a
lawyer to disclose information relating to the representation to avoid
being deemed to have assisted the client's crime or fraud. If the lawyer
can avoid assisting a client's crime or fraud only by disclosing this
information, then under paragraph (b) the lawyer is required to do so,
unless the disclosure is prohibited by Rule 1.6.


[Amended effective September 1, 2006.]