Communication

Question 1

MR 1.4

Answer 1

COMMUNICATION
– “Promptly inform” of any decision requiring informed consent
– “Reasonably consult” re “means”
– “Keep client reasonably informed” re “status”
– “Promptly comply” with requests for info
– “Consult” re your limitations
– “Explain” stuff “to the extent reasonably necessary” for informed decisions

Question 2

MR 4.2

Answer 2

“No Contact Rule”
The basics:
– Can’t communicate about the subjective representation
– With a person represented in the matter
– Unless the other lawyer consents
Advising clients to client communication is okay

Question 3

Application of MR 4.2

for Prosecutors

Answer 3

No application pre-indictment, per comment 5

Post indictment with client consent is unsettled issue

Question 4

No Contact Rule for Organizations:

MRW v Harvard

Answer 4

Witness interviews in discrimination suits
Consistent with current MR 4.2
No direct contact with:
– Managerial responsibility re subject of suit
– Alleged to have committed the wrongful laxity issue in the litigation
– Can commit the company to litigation position
So:
– Can contact lieutenants who are not supervisors of the relevant activity
– Can contact dispatcher
– Can contact the patrolman witnesses