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Ethics/Professional Responsibility

Sep. 15, 2017

Communication with a represented person (Rule 4.2)

See more on Communication with a represented person (Rule 4.2)

Proposed Rule 4.2 is largely a repeat of Rule 2-100, but there are both changes and comments to the proposed rule that provide some guidance to lawyers on the more vexing questions about the “no contact” rule.

Betsy S. Kimball

Senior Counsel
Klinedinst PC

Email: bkimball@klinedinstlaw.com

Betsy is a certified specialist in legal malpractice law.

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Special Coverage

PROPOSED RULES OF PROFESSIONAL CONDUCT

The Rules of Professional Conduct are disciplinary rules. Few, however, arise as often in the everyday practice of law as the proscription against communication with a represented person — the so-called “no contact” rule. Current Rule 2-100 has left many a conscientious lawyer trying to determine, for example, the extent of the “subject of the representation” or exactly wh...

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