How often do you have business people from the other side call or email you directly? Do you tell them you can’t talk to them because they’re represented by counsel? Not talking about actual negotiations, but things like discussing the status of 3rd party documents or coordinating signature pages.

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It happens from time to time.

I always reply by copying their counsel and letting the business lead know that I can’t communicate with them directly without their counsel being involved in the communications unless their counsel consents.

With sophisticated counter parties, while it isn’t the norm for the counter party and counsel to agree to allow the ex parte communication, it does happen fairly often, sometimes only with respect to administrative things like you’ve described, but also at times with respect to more meaningful matters if the client is sophisticated enough or has engaged outside counsel for a limited scope of services.

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If it's an email I copy their counsel on my response. For a phone call, I wouldn't want to be rude but I would keep things to the point, and then maybe send an email copying OC.

I think for transactional stuff there's a lot of business folks wanting to cut through red tape and just get the deal done, so they treat it more casually than litigation, but doesn't hurt to remind them that ethically you should communicate with counsel present. Often works to make the business folks talk to each other directly and not bother with legal fees for the really administrative stuff

Happens a bunch. Sometimes lawyers get upset about it. I think that everyone is a grown-up and so long as you're not negotiating w them (unless it's their in house guy/gal) you are in the clear Imo.

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