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Perspective

Nov. 30, 2011

Implied consent: a way to meddle with attorney-client privilege?

A new State Bar ethics opinion may justify improper attorney-client communications. By Evan A. Jenness


The California Rules of Professional Conduct - like most states' attorney ethics rules - include a "no contact" rule that generally prohibits an attorney from communicating with a represented party without first getting permission from the lawyer for that person. Section 2-100(A) of the Rules provides that: "While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member k...

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