990029 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 990029

Rules: 4–4.2

Transactions with Persons other than Clients

Communication With Person Represented by Counsel

Subject: Communication with Represented Persons

Summary: communicating with former employee of an organization

QUESTION: Attorney represented Client 1 in a settlement of a sexual harassment claim. Client 1 left the employer after the settlement of the claim. Attorney now represents Client 2, who works for the same employer. Client 2 was supervised by Client 1. Both Clients 1 and 2 were management level employees. Client 2 alleges that Client 2 was fired in retaliation for supporting Client 1´s claim of sexual harassment. The alleged retaliation and termination occurred after Client 1 left the employer. Client 1 did not participate and had no managerial responsibility over the termination of Client 2. May Attorney contact Client 1, regarding Client 2´s matter, without violating Rule 4 dash–4.2?

ANSWER: Under the circumstances Attorney has described, it is permissible for Attorney to contact Attorney´s former client, Client 1, without violating Rule 4 dash–4.2.

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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