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Miss. R. Prof'l Conduct 4.2

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Rule 4.2 Communication With Person Represented by Counsel

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Rule Text

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.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If you have a lawyer and you're involved in a legal matter, the lawyer on the other side of your case cannot contact you directly about that matter. They have to go through your lawyer instead. This rule applies even if the other lawyer thinks they could get you to say something helpful to their case.

The only exceptions are if your lawyer gives permission for the direct contact, or if a specific law allows it. The rule exists to protect people from being pressured or tricked into saying something harmful while they have legal representation. It also stops lawyers from trying to work around your attorney to get information straight from you.

This rule applies as soon as a lawyer knows you have your own attorney for the matter at hand. It does not matter if the case has gone to court yet. As long as the lawyer is aware you're represented, they must respect that relationship and communicate through your attorney.

Committee Notes

Comment

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 his or her own 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.

Code Comparison

This Rule is substantially identical to DR 7-104(A)(1).

← Previous Rule 4.1: Truthfulness in Statements to Others Next → Rule 4.3: Dealing with Unrepresented Person