Question: May Attorney communicate with Attorney’s parents about the parents’ litigation, where the parents’ counsel does not consent to the communication, Attorney is seeking to intervene in the matter pro se, and further litigation concerning the matter is likely in the future?
Answer: No. In representing a party, Rule 4-4.2 prevents a lawyer from communicating about the subject of the representation with a person the lawyer knows to be represented by another lawyer, unless the other lawyer consents or unless authorized to do so by law or court order. The rule’s prohibition applies to a lawyer who is involved in a matter as a party or a person with interests.

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.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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