pretexting


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pretexting

Pretending to be someone else in order to obtain information, typically over the phone. See social engineering.
References in periodicals archive ?
Pretexting activities potentially violate the language of several Rules, regardless of whether the lawyer personally participates in the activities or merely oversees them.
The most commonly cited rule in the pretexting context is Rule 8.4 Misconduct.
Most significant to this situation is subsection (c) because pretexting necessarily involves various forms of deceit and misrepresentation.
In addressing the implications of pretexting under Rule 8.4, some commentators find Comment [2] significant.
Another significant provision applicable in nearly all pretexting situations is Rule 4.1 Truthfulness in Statements to Others.
Depending on the circumstances, the pretexting could violate several other Rules.
Pretexting will likely involve the subject matter of the representation because the primary goal is usually to collect evidence against the opposing party.
This Rule is particularly significant because Comment [1] requires: "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." (25) Pretexting necessarily involves withholding this information to obtain the desired evidence or information, and therefore may violate the rule.
Additionally, if the lawyer personally engages in the pretexting activities or is present when they are taking place, he could be required to withdraw from representing the client under Rule 3.7 Lawyer as Witness.
Finally, the pretexting activities may violate Rule 4.4 Respect for Rights of Third Persons if the target is not a party to the matter.
The fact that pretexting implicates so many Rules of Professional Conduct mandates caution to any attorney wishing to engage in it.