20000108 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000108

Rules: 4–4.2; 4–4.3

Transactions with Persons Other than Clients

Communication with Person Represented by Counsel

Subject: Communication with Represented Persons; Communication with Unrepresented Persons

Summary: In personal injury matter, contacting at fault driver when lawyer and driver's insurer negotiating settlement

QUESTION: Attorney represents Client, who was injured as a passenger traveling in vehicle 1. Client was allegedly injured as a result of negligence of the driver of vehicle 2. Attorney has been in contact with and is in the process of negotiating with the insurance company which has liability coverage applicable for vehicle 2. Attorney is now interested in contacting the driver of vehicle 2 directly. To Attorney´s knowledge, the driver of vehicle 2 is not represented personally by an attorney. May Attorney contact the driver of vehicle 2?
ANSWER: If an attorney hired by the insurance company currently represents the driver of vehicle 2, Attorney may not contact the driver of vehicle 2, directly. If Attorney is not aware of an attorney representing the driver of vehicle 2, through the insurance company or otherwise, Attorney may contact the driver of vehicle 2, directly.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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