can lawyer communicate with former client who is represented

Can a lawyer communicate with a represented person without a client?

Nor does this Rule preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter. A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a).

Can a lawyer represent a former client in a transaction?

Radetsky, 895 P.2d 1179 (Colo. App. 1995), a legal malpractice case, the Colorado Court of Appeals stated that a lawyer is not always precluded from representing a client in a transaction with a former or currently inactive client. Id. at 1182; see also In re King Res. Co., 20 B.R. 191 (D. Colo. 1982).

When does a lawyer have to refer a communication to counsel?

Nevertheless, the opinion cautions that, when contact is made, the lawyer must advise the person that, if indeed he/she is represented by counsel, he/she should refer the communication to that counsel. Id. What If the Other Party Initiates Contact with You? The Rule applies regardless of how the possible communication arises.

Can a lawyer communicate with an employee of an entity?

An inquiring lawyer must bear in mind that, when an employee, acting in that capacity, communicates about entity matters to the counsel for the entity, those communications enjoy the protections and obligations of privilege and confidentiality that the entity itself enjoys. NYRPC Rule 1.13 cmt. 2 (2009).

Can represented parties communicate?

California Rule of Professional Conduct 2-100(A) prohibits a lawyer from communicating about a matter with a party known to be represented by a lawyer without the prior consent of that lawyer. Rule 2-100 defines “party” broadly.

Can a client contact a represented party?

(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

Can I communicate directly with opposing counsel?

Rule 2-100 of the California Rules of Professional Conduct states that while representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the ...

Can you represent a client against a former client?

A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

Can a lawyer contact the other party?

Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make.

When can a lawyer communicate about a legal matter with someone who already has a lawyer?

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

What is the no contact rule for lawyers?

The no contact rule There has long been an ethical prohibition on a solicitor contacting the client of another solicitor directly without the express permission of that solicitor or the existence of very urgent circumstances. Such a prohibition is now contained in professional conduct and practice rules.

What would be a conflict of interest for an attorney?

A conflict of interest means a situation where your separate duties to act in the best interests of two or more clients in the same or a related matter conflict. For this situation to happen, you must be currently acting, or intending to, act for two or more clients.

What to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.

What is the rule about representing a client whose interests may be adverse to a former client?

(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

Can a lawyer sue his former client?

An attorney may be entitled to bring suit against a former client, so long as representation of the former client has ended and the present case does not involve any confidential communications made to the attorney by the former client.

Can a lawyer represent a client with interest adverse to those of a former client?

Section 39 of the Draft Code of Ethics require that an advocate shall not advise or represent both sides of a dispute and, except after adequate disclosure to and with the consent of the clients, preferably after receiving an independent legal advice, shall not act or continue to act in a matter when there is a ...

What is the law of contacts with represented persons?

For purposes of the rule on contacts with represented persons, the term "law" may include: 1) a specific statute; 2) a court order; or 3) case law. Several jurisdictions have established by case law a law enforcement investigatory exception to the contact rule in limited circumstances. Department attorneys should be aware under what circumstances ...

When should department attorneys consider the following issues?

Department attorneys should consider the following issues when they analyze the relevant rule of professional conduct regarding communications with represented persons. Whether the Department attorney knows that a person (a defendant, a target, a subject or a witness) is represented by a lawyer. The contact rule only applies where ...

What should department attorneys be guided by?

Department attorneys should be guided by the relevant state's or federal district court's rule and interpretations of that rule and should not rely exclusively on the ABA Model Rule and its interpretation in determining what is appropriate conduct, unless directed to do so by the relevant rules of professional conduct.

What is the ABA model rule of professional conduct?

Rule 4.2 of the American Bar Association's Model Rules of Professional Conduct provides: "In representing a client , a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter , unless the lawyer has the consent of the other lawyer or is authorized by law to do so by law or a court order." (2002). Department attorneys should be aware that Comment 5 to Model Rule 4.2 provides that " [t]he fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule." Although the rule may vary from state to state, each state has adopted a rule of professional conduct that governs communications with represented persons. Department attorneys should be guided by the relevant state's or federal district court's rule and interpretations of that rule and should not rely exclusively on the ABA Model Rule and its interpretation in determining what is appropriate conduct, unless directed to do so by the relevant rules of professional conduct. Nonetheless, as a general matter, it may be useful to review ABA Committee on Ethics and Professional Responsibility Formal Opinion 95-396, "Communications with Represented Persons" (July 24, 1995), and the Annotated Model Rules of Professional Conduct published by the ABA Center for Professional Responsibility.

What is the comment 5 to Model Rule 4.2?

Department attorneys should be aware that Comment 5 to Model Rule 4.2 provides that " [t]he fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule.". Although the rule may vary from state to state, each state has adopted a rule ...

What is contact rule?

The contact rule only governs communications with represented persons about the subject matter for which they are represented.

What does the contact rule require?

Whether the contact rule requires that a formal proceeding be pending or whether it applies before the initiation of a formal proceeding. Most states apply the contact rule to a represented person whether or not a complaint, indictment, or other charging instrument has been filed. Whether a contact constitutes a communication.

When does a lawyer have to terminate communication?

A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this Rule . [9] In the case of a represented organization, this Rule prohibits communications with a constituent of the organization who supervises, ...

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

When communicating with the accused in a criminal matter, a government lawyer must comply with this Rule in addition to honoring the constitutional rights of the accused. The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule. ...

Who can interview an unrepresented defendant?

Opinion rules that the attorney for the plaintiffs in a personal injury action arising out of a motor vehicle accident may interview the unrepresented defendant even though the uninsured motorist insurer, which has elected to defend the claim in the name of the defendant, is represented by an attorney in the matter.

Can a lawyer make a communication prohibited by this rule through the acts of another?

Also, a lawyer having independent justification or legal authorization for communicating with a represented person is permitted to do so. [4] A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a). However, parties to a matter may communicate directly with each other, ...

Can a lawyer request a court order?

A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury. [8] This Rule applies to communications with any person, ...

Can an attorney send copies of motions to another party?

An attorney representing a party may not send copies of motions to another party he knows has counsel. RPC 15. Opinion rules that attorney may interview person with an adverse interest who is unrepresented and make a demand or propose a settlement. RPC 30.

Can a lawyer communicate with a former constituent?

In communicating with a current or former constituent of an organization, a lawyer must not use methods of obtaining evidence that violate the legal rights of the organization. See Rule 4.4, Comment [2]. [10] The prohibition on communications with a represented person only applies in circumstances where the lawyer knows ...

Why was the lawyer's representation of Frisco substantially related to the lawyer's representation of Mangeris?

The trial court found that the lawyer’s representation of Frisco was substantially related to the lawyer’s representation of Mangeris because both representations involved controlled substances and because of the “facts and circumstances” that would be at issue in Frisco’s case. Frisco filed a C.A.R. 21 petition.

Who represented the prosecution witness in the case of Frisco?

In Frisco, the criminal defense lawyer had represented the prosecution witness, Mangeris, against charges of manufacturing and conspiring with a third person over a three-day period to manufacture and distribute methamphetamine.

What is the Supreme Court's rule in reversing the decision of the district court?

In reversing the decision of the district court, the supreme court made the rule absolute.

Can a lawyer rescind a contract on behalf of a new client?

Under this Rule, for example, a lawyer could not properly seek to rescind on behalf of a new client a contract drafted on behalf of the former client. So also a lawyer who has prosecuted an accused person could not properly represent the accused in a subsequent civil action against the government concerning the same transaction.

Can a lawyer represent a former client?

Lawyers often encounter potential conflicts of interest with former clients. The general rule is that a lawyer may not represent a new client who is materially adverse to a former client when the subject of the representation is “substantially related” to the lawyer’s prior representation. The primary purpose of the “substantial relationship” test ...

What is the rule of not communicating?

The Rule refers to "communicate", not "contact.". The lawyer has the obligation to not participate in the communication initiated by a represented party unless and until the party's attorney consents. 6. Question No. 7: May the lawyer communicate with a represented co-party (as opposed to an adverse party) in a lawsuit without the consent ...

Can a lawyer script a communication?

Answer: No, but if the lawyer scripts the content of the communication (as opposed to conferring about the strategy of the communication), rather than letting the content of the communication originate from the client, it may be held to be a prohibited Rule 182 contact. 5.

Is post trial communication allowed?

Answer: This is allowed when permitted by law. "Permitted by law" has been interpreted to mean that post-trial communication with discharged jurors is permitted, except when statute, local court rule, or an order from the judge presiding in the case prohibits it. ENDNOTES.

Can a lawyer communicate with a former employer without their consent?

Answer: The general rule is that they are no longer protected and the lawyer may communicate with them without the consent of their former employer's attorney — as long as they are not in possession of attorney/client privileged information or work product related to the case or matter.

Can a lawyer communicate with a party?

Answer: Yes. The lawyer may communicate with a represented party about any matter outside the subject of the representation — social or otherwise — as long as another attorney on the subject does not represent the party. 4.

Can a lawyer ask a client to refrain from giving information to another party?

During the communication, the lawyer may not request a person other than a client to refrain from voluntarily giving relevant information to another party unless: (a) The person is a relative or an employee or other agent of a client; and.

Does a lawyer state that a client is disinterested in a lawyer?

SCR 183 (MR 4.3) provides that, "In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested.