Multistate Professional Responsibility Exam Practice Question
During settlement discussions concerning a design dispute, an attorney represents a homeowner. The contractor on the opposing side also has counsel. The attorney plans to call the contractor’s project manager to discuss routine procedures. The project manager oversees job-site matters and speaks on behalf of the contractor in contract-related issues. Which approach is best?
Mention that the conversation will avoid legal issues related to liability
Have a staff member reach out to the project manager, to avoid direct communication
Ask the project manager questions restricted to administrative topics
Obtain the contractor’s counsel’s consent before speaking with the project manager
Professional standards limit direct communication with a represented individual unless that person’s counsel consents or another recognized exception applies. The project manager directs significant aspects of the contractor’s work and has decision-making authority, so proceeding with direct outreach lacks the other counsel’s approval. The incorrect options would permit contact that disregards those professional standards or attempts to bypass them by focusing on certain topics.
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Why is it necessary to obtain the opposing counsel’s consent before speaking with a represented party?
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What determines if someone is considered a represented party in this context?
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Are there any exceptions that allow an attorney to contact a represented party without consent?
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients
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