MBE Rules · Professional Responsibility

Communication with Represented Persons

Cal. Rule 4.2

The rule

A lawyer may not communicate about the matter with a person known to be represented without that counsel's consent; for organizations the bar covers officers, directors, managing agents, and employees whose acts bind the entity.

In plain English

A lawyer cannot talk about a case with someone who is already represented by another lawyer unless they have permission from that lawyer. This rule also applies to certain individuals within an organization, like officers and employees, whose actions can affect the organization legally.

Worked example

A lawyer representing a corporation wants to discuss a pending lawsuit with one of the corporation's employees who is represented by the employee's own attorney. Without getting consent from the employee's attorney, the lawyer cannot initiate that conversation. Therefore, the lawyer must refrain from communicating with the employee about the case.

Memory hook

No chats with represented folks without their lawyer's thumbs up!

The trap

Exams may present scenarios where a lawyer mistakenly believes they can talk to a represented party if they think the conversation is informal or harmless. Students might overlook the necessity of obtaining consent.

How examiners test it

Questions often involve fact patterns where a lawyer interacts with a represented party, testing students on their understanding of consent and the implications of unauthorized communication.

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