solved Activity Time:2 hours; Additional Time for Study, Research, and Reflection:

Activity Time:2 hours; Additional Time for Study, Research, and Reflection: 1 hourDirections:Use ABA Model Rules 1.8 and 4.3 for this discussion. Research your home state’s version of these rules as well in your state’s Attorney’s Professional Responsibility Code.Read Rule 4.3: Dealing with Unrepresented PersonRule 4.3: Dealing with Unrepresented PersonShare: Transactions With Persons Other Than ClientsIn 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. 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. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.Rule 4.3 Dealing With Unrepresented Person – CommentShare: Transactions With Persons Other Than Clients[1] 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. In order to avoid a misunderstanding, a lawyer will typically need to identify the lawyer’s client and, where necessary, explain that the client has interests opposed to those of the unrepresented person. For misunderstandings that sometimes arise when a lawyer for an organization deals with an unrepresented constituent, see Rule 1.13(f).[2] The Rule distinguishes between situations involving unrepresented persons whose interests may be adverse to those of the lawyer’s client and those in which the person’s interests are not in conflict with the client’s. In the former situation, the possibility that the lawyer will compromise the unrepresented person’s interests is so great that the Rule prohibits the giving of any advice, apart from the advice to obtain counsel. Whether a lawyer is giving impermissible advice may depend on the experience and sophistication of the unrepresented person, as well as the setting in which the behavior and comments occur. This Rule does not prohibit a lawyer from negotiating the terms of a transaction or settling a dispute with an unrepresented person. So long as the lawyer has explained that the lawyer represents an adverse party and is not representing the person, the lawyer may inform the person of the terms on which the lawyer’s client will enter into an agreement or settle a matter, prepare documents that require the person’s signature and explain the lawyer’s own view of the meaning of the document or the lawyer’s view of the underlying legal obligations.Jo is your supervising attorney. Jo wants you and the others in the office to discuss a contract before she agrees to create it, based on those two ethical rules.Jo, Harry, and Dean are cousins. Harry and Dean are buying a boat with the idea that they are going to each use it at different times. Dean will use it in the summer and Harry will trailer it south to use it during the winter. Jo has been asked by Harry to review their agreement and turn it into a written contract. Harry will pay the legal bill to Jo for drafting the contract. Harry and Dean want it in writing in case one of them dies, so Jo will do a buy-out provision. Dean does not want to have a separate lawyer review it.They also want Jo to loan them 20% of the price of the boat, in return for a promissory note and security interest in the boat. They have the rest of the money in cash.Initial PostDiscuss options for Jo the attorney:Turning down the case.Creating the contract, but writing a letter to Dean advising him that she is not his lawyer. If you recommend this, what should be in the letter?Is Jo prohibited by rule from loaning money for this matter? If not, is it wise and ethical for her to do so?