13.2 Unrepresented Persons.

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In residential mortgage foreclosure actions, and sometimes in commercial foreclosure actions, the lender’s attorney may find that the debtor, a guarantor, or another adverse party is not represented by counsel. In communicating with unrepresented persons, the lawyer should also communicate his or her role in the matter, remembering the caution found in ER 4.3 not to “state or imply that the lawyer is disinterested.” The rule is intended to discourage lawyer overreaching. See 2 G. Hazard & W. Hodes, The Law...

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