Read Illinois Rule of Professional Conduct 4.2 Communications With Person Represented by Counsel
Rule 4.2 Communications With Person Represented by Counsel
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Opinion 23-04 |
Communication With Represented Person
Under Rule 4.2, a lawyer, even one who is acting pro se, is not permitted to have contact with a party who is represented in one aspect of a case and unrepresented in another aspect of the case, without the consent of that party’s lawyer, or the authorization of law or court order.
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Opinion 18-03 |
Communication With Represented Person
Rule 4.2 does not bar lawyer from communicating with prospective client about a potential matter even though the prospective client is currently represented by another lawyer in connection with that same matter.
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Opinion 13-09 |
Communication With Represented Person
Direct communication with a government representative regarding a tax assessment dispute in which the representative is represented by counsel are improper without counsel’s consent, subject to an exception for direct communications as are authorized by law.
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Opinion 13-06 |
Communication With Represented Person | Guardians and Guardianship
A lawyer, serving as a guardian ad litem of minors in an adoption proceeding, must obtain the consent of the lawyer for the petitioning parties before interviewing the petitioners and likewise must obtain consent before contacting the petitioners to request an interview with the minors.
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Opinion 11-01 |
Arbitration and Mediation | Reporting Lawyer Misconduct
When a lawyer-mediator learns that a lawyer representing a party in a mediation has violated Rule 8.4(c), the lawyer-mediator has an obligation to report that lawyer’s misconduct. Provisions in the Uniform Mediation Act or the Not-For-Profit Mediation Center Act generally do not prevent such disclosure.
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Opinion 09-01 |
Communication With Corporate Employees | Communication With Represented Person | Communication With Unrepresented Person
A lawyer may communicate with a current constituent of a represented organization about the subject-matter of the representation without the consent of the organization’s counsel only when the constituent does not (i) supervise, direct or regularly consult with the organization’s lawyer concerning the matter; (ii) have authority to obligate the organization with respect to the matter; or (iii) have acts or omissions in connection with the matter that may be imputed to the organization for purposes of civil or criminal liability. Consent of the organization’s lawyer is not required for communication with former constituents about the matter of the representation. If the constituent has his or her own counsel, however, that counsel must consent to the communication.
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Opinion 04-01 |
Conflict of Interest - Interests in Common Fund and Property
Non-waivable conflict is created by representation of two clients having divergent interests in property possessed by third-party.
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Opinion 99-03 |
Advertising and Solicitation | Communication With Represented Person | Conflict of Interest - Transactional Matters
A lawyer retained as counsel for a savings and loan association may not contact an applicant for a home loan to be issued by the savings and loan association if it is known that the home loan purchaser is represented by counsel. Further, such communication constitutes improper solicitation of professional employment for pecuniary gain.
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Opinion 96-09 |
Advertising and Solicitation | Communication With Represented Person | Reporting Lawyer Misconduct
A lawyer who has been formally discharged by a client in favor of new counsel may not thereafter contact the former client (except through his new counsel) where the purpose is to further the lawyer's claim for fees and expenses; statements by the lawyer made for the purpose of soliciting the former client's case and which are false or misleading violate the Rules of Professional Conduct; such statements, however, are not subject to mandatory reporting if knowledge thereof is obtained as a result of a privileged communication.
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Opinion 95-12 |
Communication With Represented Person | Threatening Disciplinary Action
The prohibition on threatening opposing counsel with disciplinary proceedings extends to ordinance violation as well as purely civil matters; lawyer prohibited from directly communicating with represented city officials concerning pending ordinance violation prosecution against lawyer's client but prohibition does not necessarily extend to communication concerning related controversy.
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Opinion 93-14 |
Communication With Unrepresented Person
An attorney may communicate with an unrepresented party, provided that the attorney does not give advice or permit the assumption that the attorney is a "disinterested" party.
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Opinion 92-03 |
Communication With Represented Person
Where an attorney's client has been sued by a city, the attorney would violate Rule 4.2 by communicating directly with elected officials of the city about the subject matter of the litigation, when those officials are represented by counsel.
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Opinion 91-21 |
Communication With Adverse Person | Communication With Represented Person
An attorney may discuss with school board attorney an offer made to attorney retained by insurer of school board to settle personal injury suit.
An attorney is in violation of the Rules by not conveying to his client a demand made by the adverse party.
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Opinion 89-04 |
Communication With Represented Person | Prosecutors
It is professionally improper for newly elected State's Attorney to continue and expand his predecessor's direct communication with accused person represented by counsel without consent of lawyer for the accused.
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Opinion 88-10 |
Communication With Represented Person | Prosecutors
It is improper for a State's Attorney to communicate with a person he knows to be represented by counsel, who has admitted allegations of charges and has been placed under court supervision, where the communication is regarding other parties to the same incident without the prior consent of the lawyer representing A.
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Opinion 85-05 |
Communication With Adverse Person | Communication With Represented Person
A lawyer representing a purchaser under a real estate contract that requires notice to "the seller" may send the required notice directly to the seller although the seller may be represented by counsel.
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Opinion 794 |
Communication With Represented Person
A lawyer for a land owner may not without consent of opposing counsel attempt to settle an eminent domain proceeding directly with employees of the condemning authority where the condemning authority is represented by counsel.