Informal Opinion Number: 960167

QUESTION: Attorney is licensed in Missouri and represents a party adverse to a corporate defendant. The lawsuit is filed in another state in which Attorney has been admitted as a visiting attorney. Attorney wants to conduct an ex parte interview of a former employee of the corporate defendant who resides in Missouri. The rules of the other state would permit such an interview. May Attorney conduct the interview? ANSWER: As long as all of the proceeding will be litigated under the jurisdiction of the courts of the other state, Attorney may follow the rules and rulings of the other state regarding Rule 4-4.2. However, the rulings which Attorney follows must be official interpretations of a court or disciplinary authority.

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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