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Rule 4.2. Communicationwith persons represented by counsel.

(a) General Rule. Inrepresenting a client, a licensed paralegal practitioner shall notcommunicate about the subject of the representation with a person the licensedparalegal practitioner knows to be represented by another lawyer or licensedparalegal practitioner in the matter, unless the licensed paralegalpractitioner has the consent of the other lawyer or licensed paralegalpractitioner. Notwithstanding the foregoing, a licensed paralegal practitionermay, without such prior consent, communicate with another?s client ifauthorized to do so by any law, rule, or court order, in which event thecommunication shall be strictly restricted to that allowed by the law, rule orcourt order, or as authorized by paragraph (b) of this Rule.

(b) Rules Relating to Unbundling of Legal Services. Alicensed paralegal practitioner may consider a person whose representation bycounsel in a matter does not encompass all aspects of the matter to beunrepresented for purposes of this Rule and Rule 4.3, unless that person?scounsel has provided written notice to the licensed paralegal practitioner ofthose aspects of the matter or the time limitation for which the person isrepresented. Only as to such aspects and time is the person considered to berepresented by counsel.

 

Comment

[1] Reserved.

[2] This Rule contributes to the proper functioning ofthe legal system by protecting a person who has chosen to be represented by alawyer in a matter against possible overreaching by others who areparticipating in the matter, interference by a paralegal practitioner with theclient-lawyer relationship and the uncounselled disclosure of informationrelating to the representation.

[3] This Rule applies to communications with anyperson who is represented by a lawyer or a licensed paralegal practitionerconcerning the matter to which the communication relates.

[4] This Rule applies even though the representedperson initiates or consents to the communication. A licensed paralegalpractitioner must immediately terminate communication with a person if, aftercommencing communication, the licensed paralegal practitioner learns that theperson is one with whom communication is not permitted by this Rule.

[5] Reserved.

[6] A licensed paralegal practitioner may not make acommunication prohibited by this Rule through the acts of another. See Rule8.4(a). Parties to a matter may communicate directly with each other, and alicensed paralegal practitioner is not prohibited from advising a clientconcerning a communication that the client is legally entitled to make.

[7] A licensed paralegal practitioner may communicatewith a person who is known to be represented by counsel in the matter to whichthe communication relates only if the communicating licensed paralegalpractitioner obtains the consent of the represented person's lawyer or licensedparalegal practitioner, or if the communication isotherwise permitted by paragraphs (a) or (b). Paragraph (a) permits a licensedparalegal practitioner to communicate with a person known to be represented bycounsel in a matter without first securing the consent of the representedperson?s lawyer or LPP if the communicating paralegal practitioner isauthorized to do so by law, rule or court order. Paragraph (b) recognizes thatthe scope of representation of a person by counsel may, under Rule 1.2, belimited by mutual agreement.

[8] A communication with a represented person isauthorized by paragraph (a) if permitted by law, rule or court order. Thisrecognizes constitutional and statutory authority as well as thewell-established role of the state judiciary in regulating the practice of thelegal profession.

[9] Reserved.

[10] In the event the person with whom the licensedparalegal practitioner communicates is not known to be represented by counselin the matter, the licensed paralegal practitioner?s communication is subjectto Rule 4.3.

[11]-[20] Reserved.

[21] This Rule prohibits communications with anyperson who is known by the licensed paralegal practitioner making thecommunication to be represented by a lawyer or a licensed paralegalpractitioner in the matter to which the communication relates. A person is"known" to be represented when the licensed paralegal practitionerhas actual knowledge of the representation. Knowledge is a question of fact tobe resolved by reference to the totality of the circumstances, includingreference to any written notice of the representation. See Rule 1.0(g). Writtennotice to a licensed paralegal practitioner is relevant, but not conclusive, onthe issue of knowledge.

[22]-[23]Reserved.

 

Effective November 1, 2018