Ethics Committee Formal Opinion #1993-94/15

Communication With Person Represented By Counsel Communication With Insurance Representative Without Consent Of Defense Counsel

July 21, 1993


Rule 4.2 does not prohibit direct communication by counsel with an insurance company representative where insurance defense counsel is retained to represent the insured and does not represent the insurance company; such practice, however, is not recommended.  (Rule 4.2).


Does Rule 4.2 prohibit opposing counsel from direct communication with an insurance representative in the course of litigation when the insured is represented by defense counsel retained by the insurance company?

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