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IL: No contact rule is matter specific, not fact specific

By John Wesley Hall, Jr.

Rule of Professional Conduct 4.2, prohibiting communication with a represented party, is matter specific. Defendant was a respondent in a juvenile proceeding to make her children wards of the court. When a detective interviewed her, he did not have to consult with her civil lawyer first. The rule is matter specific, not fact specific. People v. Santiago, 2010 WL 966493 (Ill. March 18, 2010): In so holding, we note that other jurisdictions addressing similarly worded “no contact” rules have also held that the rule requires an attorney-client relationship with respect to the matter at issue. Thus, in United States v. Ford, 176 F.3d 376, 382 (6th Cir. 1999), the court held that prosecutors’ contact with the defendant, with regard to an offense other than the offense for which the defendant was indicted, did not violate Kentucky Supreme Court Rule of Professional Conduct 4...continue to full post

Full post as published by Law Of Criminal Defense on May 07, 2010 (boomark / email).