Question for lawyers - ABA rule 4.2

[Tailgate 3024]

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?

 

 

Edited April 2, 2022 by Tailgate

[blacklab 11957]

From my experience nothing will happen to the other attorney.

He should immediately write down everything the guy said to the best of his ability and give it to his lawyer.

[choripan 790]

Same experience here in both states in which I've practiced. They equivalent of the state's ethics commission often treats it as a he said-she said and can't take action, absent evidence that it actually, you know, did happen.

But don't tell people in other forums because I could get disbarred for telling you this.

[South Austin 52639]

A few years ago a lawyer emailed me and cc’d her client. I responded with a “reply all,” and she immediately emailed me back and told me that if I communicated with her client again she would report me to the State Bar. I replied by letting her know she was a psychotic bitch in the most polite and Christian way I know how. Shortly thereafter her client fired her and called me to apologize for her behavior (the lawyer had done a couple other cuckoo things during the case).

[deadshank 24653]

25 minutes ago, South Austin said:

A few years ago a lawyer emailed me and cc’d her client. I responded with a “reply all,” and she immediately emailed me back and told me that if I communicated with her client again she would report me to the State Bar. I replied by letting her know she was a psychotic bitch in the most polite and Christian way I know how. Shortly thereafter her client fired her and called me to apologize for her behavior (the lawyer had done a couple other cuckoo things during the case).

Did you bang them marry her?

[South Austin 52639]

2 minutes ago, deadshank said:

Did you bang them marry her?

Neither were bang or marriage-worthy.

[Covri 6253]

Classic fuck and flee case then…

[RPM 26368]

Did they use a red, white and blue ball?