Rule 4.2 Communication With a Person Represented by Counsel

This rule does not prohibit communication with a party, or an employee or agent of a party,

concerning matters outside the representation. For example, the existence of a controversy

between a government agency and a private party, or between two organizations, does not

prohibit a lawyer for either from communicating with nonlawyer representatives of the other

regarding a separate matter. Also, parties to a matter may communicate directly with each other

and a lawyer having independent justification for communicating with the other party is

permitted to do so. Communications authorized by law include, for example, the right of a party

to a controversy with a government agency to speak with government officials about the matter.

In the case of an organization, this rule prohibits communications by a lawyer for one party

concerning the matter in representation with persons having a managerial responsibility on

behalf of the organization, and with any other person whose act or omission in connection with

that matter may be imputed to the organization for purposes of civil or criminal liability or whose

statement may constitute an admission on the part of the organization. If an agent or employee

of the organization is represented in the matter by separate counsel, the consent by that counsel

to a communication will be sufficient for purposes of this rule. Compare Rule 3.4(f).

This rule also covers any person, whether or not a party to a formal proceeding, who is

represented by counsel concerning the matter in question.