https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_4_2_communication_with_person_represented_by_counsel/
https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_4_2_communication_with_person_represented_by_counsel/comment_on_rule_4_2/
Out of curiosity what happens, or what could happen, when lawyer violates this rule?
I have a friend who told me a story of a case he’s involved in where he hired a lawyer. During an inspection of the property that is under dispute, he ran into the opposing attorney. His attorney was not present. My friend has never worked with an attorney and doesn’t know squat about the legal process.
Apparently he approached the opposing attorney who said “don’t tell your attorney I’m talking to you as I could get disbarred.” The attorney then began to tell my friend some things that scared the shit out of him involving his case, including giving him advice on things to do he didn’t think were appropriate and information he’s not sure is correct.
I told him I have some lawyer friends I would ask.
He’s concerned about telling his attorney as this other lawyer freaked him with the “I could get disbarred comment.”
Is that true? Shouldn’t he just tell his attorney WTF happened? What could happen with his case if this gets put on the table?