Tuesday, February 11, 2020

New opinion on when an attorney can speak directly to in house counsel when the entity for which in house counsel works is represented by another lawyer

According to Model Rule 4.2, and its state equivalents, with a few exceptions, an attorney can’t communicate directly with someone the lawyer knows to be represented by counsel.  But how do these rules apply to in-house counsel?  Can a lawyer communicate with in-house counsel when the lawyer knows the entity for which in-house counsel works is represented by another lawyer?

Last month, the Virginia Supreme Court addressed these and other questions in its Legal Ethics Opinion 1890 (available here).  The Law for Lawyers Today has a comment here.

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