950045 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 950045

Rules: 4.2

Transactions with Persons other than Clients

Communication With Person Represented by Counsel

[NOTE: Rule 4-4.2 and its comments regarding former employees have changed substantially since this informal advisory opinion was issued.]

QUESTION: Attorney proposes placing an advertisement in the newspaper asking former non-supervisory employees of a corporate defendant to contact Attorney. ANSWER: The analysis regarding ex parte contact with employees or former employees does not end with whether the employee is supervisory. The comment sets out three categories of employees and former employees with whom ex parte contact is prohibited. These categories also include employees who make admissions that will be binding on the employer or whose acts or omissions may be imputed to the employer. Rule 4-4.2 cannot be avoided even if the employee initiates the contact.

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/.