Barry O’Neil and Michelle Kuhl presented a webinar on June 12, 2020 through the Hennepin County Bar Association’s Professionalism and Ethics Section on “When CAN You Speak to a Represented Party?”
Rule 4.2 of the Minnesota Professional Rules of Conduct is often overlooked because it seems straightforward: Do not communicate directly with represented parties. But it is not always as simple as it may seem. Understanding the precise scope of the Rule and its exceptions is important, especially when it is unclear whether the party has retained counsel, when the party is receiving limited scope representation, or when the party consents to or initiates communication with opposing counsel. This presentation will dive into these issues and more as we explain the background and purpose of the Rule, best practices for ensuring compliance, and the significant evidentiary consequences that can be imposed for violation of the rule.