Celebrating 10 years! 2007-2017

Legal ethics: Communication with represented party issue

First time this has come up for me. State forbids communicat sillydood06/13/17
You handled it fine. The rule doesn't attach until you know onehell06/13/17
sillydood (Jun 13, 2017 - 9:34 am)

First time this has come up for me. State forbids communicating with party about a matter when I know party is represented by attorney.

Other party is former employee of client and reached out to me directly about severance agreement they were offered. I gave the standard "I can't give you legal advice bc I represent your former employer" disclaimer but said I could try to answer any clarifying questions. Former employee then informed me they'd already gotten legal advice from counsel. At that point I asked if they were still represented and, if so, to have their attorney tell me it's okay to talk to them directly, because I'm forbidden from talking to a represented party without attorney's permission.

Did I handle this right? Still waiting to hear back...

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onehell (Jun 13, 2017 - 9:57 am)

You handled it fine. The rule doesn't attach until you know the other side has counsel. As soon as he said he did, you ended the conversation. That's what you're supposed to do.

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