Informal Opinion Number: 990012
Rules: 4 dash–4.2
Transactions with Persons other than Clients
Communication With Person Represented by Counsel
Subject: Communication with Represented Persons
Summary: communication with insured when claims adjuster involved but insured not known to be represented by counsel
QUESTION: Attorney represents A, who was involved in a motor vehicle accident with B. Attorney has entered into settlement negotiations with the claims adjuster from B´s insurance company. Attorney would like to make certain that B is fully apprised of the status of the settlement negotiations, may Attorney copy B on all correspondence to the claims adjuster?
ANSWER: Rule 4 dash–4.2 does not prohibit direct contact if the other party is not known to be represented by a lawyer, even if a claims adjuster is involved.
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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