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Ethics

: Legal Ethics Forum

Person and party in MR 4.2

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I imagine that I'm the only one who doesn't know what the situation is with regard to "person" and "party" in MR 4.2.  I had understood that the Cornell website correctly states the history of 4.2.  It says:  Rule 4.2 was amended in August 1995 to make clear that the rule applies to contacts with represented persons whether or not they are, in a formal sense, actual or prospective "parties" to a proceeding or transaction. "Person" was substituted for "party" in the title and text of the rule.

Also, the ABA website gives MR 4.2 as follows:

Rule 4.2 Communication With Person Represented By Counsel

In representing a client, a lawyer shall not communicate about the subject of the representation with a person 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 to do so by law or a court order.

However, I just noticed that in my 2009 edition of the Model Rules, sent out by the ABA/CPR, the text uses the word "party" instead of "person."  (However, the heading and the comments to 4.2 consistently use "person.')

Have I missed an important amendment, or is there just a typographical error in the text of 4.2 in the 2009 edition that I'm the last one to know about?

Full post as published by Legal Ethics Forum on December 27, 2009 (boomark / email).

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