![]() Ordinarily, a lawyer can avoid assisting a client’s crime or fraud by withdrawing from the representation. 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. 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. Lawyers should be mindful of their obligations under applicable law to avoid criminal and tortious misrepresentation. 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. Under generally accepted conventions in negotiation, certain types of statements ordinarily are not taken as statements of material fact. Whether a particular statement should be regarded as one of fact can depend on the circumstances. ![]() 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. Misrepresentations can also occur by partially true but misleading statements or omissions that are the equivalent of affirmative false statements. A misrepresentation can occur if the lawyer incorporates or affirms a statement of another person that the lawyer knows is false. ![]() 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. Click on the link to “State Contractor Contribution Ban.Transactions With Persons Other Than Clients Additional information and the entire text of P.A 07-1 may be found on the website of the State Elections Enforcement Commission, xxx.xx.xxx/xxxx. The State will not award any other state contract to anyone found in violation of the above prohibitions for a period of one year after the election for which such contribution is made or solicited, unless the State Elections Enforcement Commission determines that mitigating circumstances exist concerning such violation. Contributions made or solicited in violation of the above prohibitions, in the case of a prospective state contractor, shall result in the contract described in the state contract solicitation not being awarded to the prospective state contractor, unless the State Elections Enforcement Commission determines that mitigating circumstances exist concerning such violation. Contract Consequences Contributions made or solicited in violation of the above prohibitions may result, in the case of a state contractor, in the contract being voided. Criminal penalties-Any knowing and willful violation of the prohibition is a Class D felony, which may subject the violator to imprisonment of not more than 5 years, or $5000 in fines, or both. Any state contractor or prospective state contractor which fails to make reasonable efforts to comply with the provisions requiring notice to its principals of these prohibitions and the possible consequences of their violations may also be subject to civil penalties of $2000 or twice the amount of the prohibited contributions made by their principals. Penalties for Violations Contributions or solicitations of contributions made in violation of the above prohibitions may result in the following civil and criminal penalties: Civil penalties-$2000 or twice the amount of the prohibited contribution, whichever is greater, against a principal or a contractor. Duty to Inform. State contractors and prospective state contractors are required to inform their principals of the above prohibitions, as applicable, and the possible penalties and other consequences of any violation thereof.
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