20000140 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000140

Rules: 4.2

Transactions with Persons other than Clients

Communication With Person Represented by Counsel

Subject: Communication with Represented Persons

Summary: sending documents directly to represented seller when sales agreement provides for such

QUESTION: Attorney represents the seller in a purchase and sale agreement that expressly requires that the seller send certain documents and notices to the buyer. Does Rule 4 dash–4.2 concerning communications with persons represented by counsel prohibit the Attorney, acting on the seller´s behalf, from sending such notices and documents directly to the buyer when the buyer is represented by counsel?

ANSWER: Attorney should ask the buyer´s attorney whether the buyer´s attorney would accept the documents and notices on behalf of the buyer. If the buyer´s attorney does not indicate that he or she will accept the documents and notices on behalf of the buyer, Attorney may send them directly to the buyer.

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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