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ARTICLE · 20 NOVEMBER 2001

Think Twice About Contacts with Another Lawyer´s Client

Zuckerman Spaeder LLP
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United StatesEmployment and HR
Article by William W. Taylor III and Norman L. Eisen

Lawyers often do not think about the rule against contacts with represented persons. Yet mistakes can be serious.

Allegations about such contacts result in disciplinary proceedings. Courts can order the production of all notes and memoranda by a lawyer concerning a particular contact. Evidence obtained as a result of the contact may be kept out at trial. Counsel may be disqualified.

The lawyer who is aware of the details of the rule governing contacts with represented persons will not miss the opportunity to use the rule against the other side — and to avoid falling victim to the rule.

Typical Problems Facing Corporate Counsel

  • Your company has a dispute with another company. A senior official of the other company, who is a friend of yours, starts to talk with you about the dispute. May you discuss the matter with your non-lawyer friend?

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