R 4.2 - Communication with Person Represented by Counsel Flashcards
Shall an attorney, who represents a client, communicate with a person that is already represented by an attorney?
No, the attorney shall not communicate with another attorney’s client.
When shall an attorney communicate with another attorney’s client?
When the attorney has consent from the other attorney or is authorized to do so by law or Court order.
If the client who is represented by an attorney communicates with the other attorney, what must the other attorney do?
The Rule still applies if the represented party communicates with the other attorney. The other attorney must terminate the communication if it is prohibiter by this Rule.
Can represented parties communicate with other regarding matters unrelated to the litigation?
Yes, the Rule does not prohibit it.
Can parties who are both represent in a matter can communicate with one another in that regard?
Yes.
Is it sufficient to say that a communication between an attorney and a represented client does not violate State or Federal law?
No, it is not sufficient, it could still violate this Rule.
How can an attorney circumvent this Rule without violating it?
The attorney may seek a Court order.
If an attorney is not sure if a communication will violate this rule, what can the attorney do?
The attorney may seek a Court order.
Can an attorney communicate with a represented organization?
An attorney cannot specifically communicate with a constituent of the organization who supervises, directs, or regularly consults with the organization’s attorney.
May an attorney communicate with a constituent that was formally represented by the organization’s attorney?
Yes, the attorney does not need to seek consent for the organization’s attorney.
May an attorney communicate with a constituent that is represent by the constituent’s own attorney?
The attorney must seek consent from the constituent’s attorney.
If an attorney seeks to discuss the matter of the litigation with the opposing party, and knows that the party is represented by an attorney, may he do so?
No, unless the attorney seeks consent from the other attorney.
If an attorney speaks to a person and later finds out after speaking to that person that the person is represented by an attorney, is the attorney subject to discipline?
No, because the attorney did not have the knowledge that the person was represented by an attorney.
Can a party who is represented by an attorney talk straight to the opposing party’s attorney?
No, the party’s attorney must seek the consent from the opposing party’s attorney.
