New Hampshire Bar Association
About the Bar
For Members
For the Public
Legal Links
Publications
Newsroom
Online Store
Vendor Directory
NH Bar Foundation
Judicial Branch
NHMCLE

Interdisciplinary Collaborative Divorce Practice Training

NH Bar's Litigation Guidelines
New Hampshire Bar Association
Lawyer Referral Service Law Related Education NHBA CLE NHBA Insurance Agency

Member Login
username and password

Rule 4.2: Communication w/Person Rep. By Counsel

ABA RULE 4.2


Adopted, Effective Jan. 1, 2008

TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS
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.  An otherwise unrepresented party to whom limited representation is being provided or has been provided in accordance with Rule 1.2(f)(1) is considered to be unrepresented for purposes of this Rule, except to the extent the limited representation lawyer provides other counsel written notice of a time period within which other counsel shall communicate only with the limited representation lawyer. 

NEW HAMPSHIRE COMMENT TO PROPOSED RULE 4.2
 
    The ABA Comments have noted that when an organization – a corporation, governmental body, or other entity – is the represented person, certain organizational personnel will be "off-limits" under Rule 4.2.  This issue has frequently been the subject of litigation.  The ABA Comments adopt what is known as the managing-speaking test.  Several other tests have been used, known as the control group test, the blanket ban, the alter ego test and the balancing test.  The New Hampshire Supreme Court has not ruled on this matter.

    While not controlling on the question of permissible ex parte contact with employees of a corporate opponent, it is worth noting that New Hampshire has adopted the control-group test for purposes of applying the attorney-client privilege in the corporate setting.  See N.H. R. Evid. 502(a)(2); Klonoski v. Mahlab, 1996 U.S. Dist. LEXIS 20360 n.2, rev'd. on other grounds 156 F.3d 225 (1st Cir. 1998).



ABA RULE 4.2

 

NHLAP: A confidential Independent Resource

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer