Informal Opinion Number: 990174
Rules: 4 dash–4.2
Transactions with Persons other than Clients
Communication With Person Represented by Counsel
Subject: Communication with Unrepresented Persons
Summary: communication with employee of unrepresented party
QUESTION: Attorney represents a client and has filed suit against an individual defendant. The defendant has been served with process. No attorney has entered an appearance for the defendant and Attorney knows of no attorney representing the defendant. May Attorney’s investigator contact a bookkeeper that is employed by defendant regarding the subject of the representation?
ANSWER: Based upon the information Attorney has provided, Attorney may make direct contact with the bookkeeper 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.
Request an Informal Opinion.
© Copyright 2026