6. Third-parties

Question 1

What are the three instances in which a lawyer can communicate with the opposing PARTY?

Answer 1

1. Communication authorised by law
2. Other party’s lawyer consents
3. Communication does not concern the matter

Question 2

Can opposing parties talk to each other?

Answer 2

Yes, and a lawyer cannot be disciplined for encouraging such

Question 3

When the adverse party is an organisation, what three classes of people must a lawyer seek permission of general counsel from before speaking to them?

Answer 3

1. Person with authority to obligate the org
2. Person whose conduct can be imputed to the org
3. Person who supervises, directly, or regularly consults the org’s lawyer on the matter

Question 4

When communicating with an unrepresented person, who two things must a lawyer not do?

Answer 4

1. Appear disingenuous/disinterested when that is not the case
2. Give legal advice other than advising the person to obtain counsel