Great concept for a bowl! Here’s an ethics question/issue I struggle with — the application of the attorney no-contact rule in a governmental setting — e.g., when an attorney represents a resident on a matter and the attorney tries to deal with the relevant department even after the matter has been referred to the law department. Courtesy and professionalism may dictate that the attorney go through the law department, but I’m not sure it’s required by the rules. Anyone have experience with this?

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When you say that the contact (presumably contact other than the attorney to attorney contact) is (may) not be required by the rules — which rules precisely are you thinking of (either model rule or state version of a model rule)?

ALD OP,

Apologies for the delay. I wanted to read up on Rule 4.2 (I have a hard copy of Regulation of Lawyers by Gillers, Simon, and Perlman 2013).

The way that I read the rule is not ambiguous. If you known (or suspect and then ascertain) that the subject matter has counsel involved, you must deal with counsel.

I see nothing that excuses this just because one party is a government agency. If the agency itself has put this to counsel, the clear takeaway of why the rule is present controls.

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