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What Rule 4.2 does not allow, and has never allowed, is a lawyer to actually go up to a represented opposing party, at her job, and play a confidence game to get the party’s cell phone number to drive a wedge between the party and her lawyer, and then pretend to be a “neutral” third party to broker a settlement and nondisclosure agreement, requiring forfeiture of the settlement plus $1,000 per day for breaching the agreement, which also contained illegal terms.
But, that’s what longtime Trump lawyer Alina Habba apparently did in 2021, according to Above The Law , when she allegedly induced a Bedminster Golf Club server to sign a non-disclosure agreement and settle a sexual harassment claim against the Club’s food and beverage manager. This came to light yesterday, as the server sued to void the agreement and refer Habba to the New Jersey ethics regulators.
Another day, another misuse of ChatGPT. A Colorado attorney was fired from his job after using, and suspended last month for one year and one day (with all but 90 days stayed, subject to probation) because he used, ChatGPT to prepare a motion. As with other lawyers who’ve gotten into trouble for misusing AI, Zachariah Crabill filed the motion without verifying that case citations were accurate. Lo and behold, they were not.
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