970070 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 970070

Rules: 4.2;4.3

Transactions with Persons other than Clients

Communication With Person Represented by Counsel

QUESTION: Attorney represents a plaintiff in a medical malpractice case. Defendant identified a doctor as an expert and then stated that the defense would not be using the doctor to testify in the case. May Attorney contact the doctor directly regarding the case? ANSWER: Attorney may make direct contact with the doctor, without violating Rule 4-4.2 as long as Attorney does not know, or have reason to know, of any attorney representing the doctor. If Attorney does contact the doctor, under Rule 4-4.3, Attorney must make Attorney´s role in the matter clear and Attorney must refrain from giving the doctor any advice.

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: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.