Transactions with Persons Other Than Clients

Question 1

communicating w/ person represented by counsel

Answer 1

don’t do it unless person’s counsel has granted permission or you’re otherwise authorized by law or court order to make the direct communication (CA: doesn’t apply to public officials)

applies to represented organizations - get consent of org’s counsel before communicating with (1) person who consults w/ org’s lawyer concerning the matter, (2) the authority to obligate the org with respect to matter, or (3) actor whose commission may be imputed to org for purposes of civil or criminal liability (CA: also applies to any current officer/director/partner/manager of the org)

Consent not needed before talking with former employee

Question 2

communicating with unrepresented person

Answer 2

may communicate directly but
- may not state or imply you’re disinterested
- don’t let them misunderstand your role for them (and make reasonable efforts to correct misunderstanding)
- if person’s interests conflict w/ client, lawyer must not give any legal advice

CA: adds that lawyer can’t seek to obtain privileged or otherwise confidential info from them

Question 3

lawyer as third-party neutral

Answer 3

must inform unrepresented parties that you’re not representing them

Question 4

heavy-handed tactics (ABA only)

Answer 4

must not use means that have no substantial purpose other than to embarrass/delay/burden