Question 1: Does Rule 4-4.2 prohibit Attorney who is a Chapter 13 Bankruptcy Trustee from communicating with a debtor who is represented by counsel in a bankruptcy proceeding, without consent of the debtor’s counsel?
Answer 1: If, as part of Trustee’s duties in a bankruptcy case, Trustee files one or more motions and/or responses that may be considered adverse to the Chapter 13 debtor’s position, Trustee is “representing a client” for purposes of Rule 4-4.2 and may not communicate with a represented debtor without the permission of the debtor’s attorney, unless authorized by law or court order. Trustee may communicate directly with a represented debtor without violating Rule 4-4.2 when Trustee is serving in a purely administrative role pursuant to Trustee’s duty in the Bankruptcy Code to advise a debtor about non-legal matters and assist in performance under the plan. This opinion does not purport to interpret the Bankruptcy Code or any other law that may authorize Trustee to communicate with a debtor pursuant to Rule 4-4.2.
Question 2: Does an attorney representing the Chapter 13 Bankruptcy Trustee violate Rule 4-4.2 by communicating with a represented debtor without consent of the debtor’s attorney?
Answer 2: An attorney representing the Chapter 13 Bankruptcy Trustee violates Rule 4-4.2 by communicating directly with a person the attorney for Trustee knows to be represented by counsel, unless the debtor’s attorney consents to the communication or the attorney for Trustee is authorized to do so by law or court order.

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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