ER 4.2 Communication with Person Represented by Counsel
V. Regulation of the Practice of Law | D. Lawyer Obligations | Rule 42. Arizona Rules of Professional Conduct | Transactions with Persons Other than Clients
Rule Text
(a) In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.
(b) A lawyer may communicate with a representative of a government entity on behalf of a client without obtaining the consent of the lawyer representing the government in the matter if the lawyer has a good faith and objectively reasonable belief that the communication is a legitimate exercise of the client's constitutional right to petition the government for the redress of grievances, including the settlement of a dispute or claim involving the client and the government entity. If such communication occurs other than in the course of an official public proceeding, the lawyer must notify the lawyer representing the government in the matter as follows:
(1) If the lawyer is seeking to initiate an oral exchange, in-person or by electronic means, the lawyer must notify the lawyer representing the government in the matter in writing regarding the intended communication and the matters to be discussed. This notice must be provided far enough in advance of the intended communication that the government's lawyer has a reasonable opportunity to contact the government representative to discuss the matter before the communication takes place.
(2) If the intended communication is a written communication, the lawyer must provide a copy of it to the lawyer representing the government in the matter at the same time it is provided to the government representative.
Amendment history: Amended June 9, 2003, effective Dec. 1, 2003; Dec. 3, 2024, effective Jan. 1, 2025.