Model Rule 4.2 prohibits direct communications with whom?

Study for the MPRE Rules Test. Utilize flashcards and multiple choice questions, each with hints and explanations. Prepare effectively for your exam!

Multiple Choice

Model Rule 4.2 prohibits direct communications with whom?

Explanation:
The key idea is that Model Rule 4.2 bars a lawyer from directly talking about the matter with someone the lawyer knows is represented by counsel in that matter. The purpose is to protect the represented party’s relationship with their attorney and to prevent the opposing lawyer from bypassing the formal representation. Therefore, the person you may not directly contact about the matter is the represented party—the one who has counsel in the case. If the person is unrepresented, direct contact is allowed; if the represented person’s counsel consents or the communication is authorized by law, contact may be permissible. Communications with a judge fall under different rules, and while contact with the opponent’s client would be directly prohibited if that client is represented, the essence of the rule is about not speaking directly to a represented person.

The key idea is that Model Rule 4.2 bars a lawyer from directly talking about the matter with someone the lawyer knows is represented by counsel in that matter. The purpose is to protect the represented party’s relationship with their attorney and to prevent the opposing lawyer from bypassing the formal representation.

Therefore, the person you may not directly contact about the matter is the represented party—the one who has counsel in the case. If the person is unrepresented, direct contact is allowed; if the represented person’s counsel consents or the communication is authorized by law, contact may be permissible. Communications with a judge fall under different rules, and while contact with the opponent’s client would be directly prohibited if that client is represented, the essence of the rule is about not speaking directly to a represented person.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy