960286 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 960286

Rules: 4.2;8.4(d);3.4(c)

Transactions with Persons other than Clients

Communication With Person Represented by Counsel

QUESTION: Attorney represents a plaintiff in a personal injury suit. Attorney would like to conduct an ex parte interview of the doctor whom defendant has identified as an expert. May Attorney do so? ANSWER: The Rules of Professional Conduct do not prevent an ex parte contact with the expert as long as such contact does not violate the rules of discovery. Whether such contact violates those rules has been the subject of several appellate opinions. A legal issue under the discovery rules is not within the scope of an informal advisory opinion.

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/.