Crucial Exams

Multistate Professional Responsibility Exam Practice Question

Attorney J represents a patient-plaintiff in a negligence action against a hospital. The hospital's counsel has confirmed that the hospital is represented in the matter. A staff nurse employed by the hospital witnessed-but did not participate in-the surgical procedure at issue; no claim is made that the nurse's own acts or omissions are a basis for the hospital's liability. The nurse has no supervisory duties and no authority to bind or speak for the hospital. The nurse is not personally represented by counsel. May Attorney J, without the hospital counsel's consent, contact the nurse about what she observed?

  • Yes, but only if the nurse confirms in writing that she is willing to speak.

  • No. Any employee of a represented organization is off-limits once the organization's counsel appears.

  • Yes. Because the nurse is not a decision-maker, cannot bind the hospital, and her own conduct is not at issue, Attorney J may interview her unless she is personally represented.

  • No. The no-contact rule bars talking with any hospital staff member who has firsthand knowledge of the incident.

Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients
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