RULE 4.2 COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL
In representing a client, a lawyer shall not communicate about the subject of the
a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer
the consent of the other lawyer or is authorized to do so by law
so or a court order.
 This Rule contributes to the proper functioning of the legal system by protecting a person who has chosen to be represented by a lawyer in a matter against possible overreaching by other lawyers who are participating in the matter, interference by those lawyers with the lawyer-client relationship, and the uncounseled disclosure of information relating to the representation.
 This Rule does not prohibit communication with a represented person, or an
employee or agent
of such a person, concerning matters outside the representation. For example, the existence of a
controversy between a government agency and a private party, or between two organizations,
not prohibit a lawyer for either from communicating with nonlawyer representatives of the other
regarding a separate matter. Nor does this Rule preclude communication with a represented
who is seeking advice from a lawyer who is not otherwise representing a client in the matter. A
lawyer may not make a communication prohibited by this Rule through the acts of another. See
Also, parties Parties to a matter may communicate
directly with each other, and a lawyer is
not prohibited from advising a client concerning a communication that the client is legally
to make. Also, a lawyer having independent justification or legal authorization for
with a represented person is permitted to do so. Communications authorized by law
example, the right of a party to a controversy with a government agency to speak with
officials about the matter.
 Communications authorized by law may include communications by a lawyer on
behalf of a
client who is exercising a constitutional or other legal right to communicate with the
Communications authorized by law may also include
activities of lawyers representing governmental entities, directly or through investigative agents,
prior to the commencement of criminal or civil enforcement proceedings , when there is
judicial precedent that either has found the activity permissible under this Rule or has found this
Rule inapplicable. However, the Rule imposes ethical restrictions that go
beyond those imposed by
constitutional provisions When communicating with the accused in a criminal
matter, a government
lawyer must comply with this Rule in addition to honoring the constitutional rights of the
The fact that a communication does not violate a state or federal constitutional right is
to establish that the communication is permissible under this Rule.
 A lawyer who is uncertain whether a communication with a represented person is permissible may seek a court order. A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury.
 This Rule also applies to communications with any person, whether or not a party to a formal adjudicative proceeding, contract, or negotiation, who is represented by counsel concerning the matter to which the communication relates.
 In the case of
an a represented organization, this
Rule prohibits communications by a lawyer
for another person or entity concerning the matter in representation with
persons having a
managerial responsibility on behalf a constituent of the organization ,
and with any other person
whose who supervises, directs, or regularly consults with the organization's lawyer
matter or who has authority to obligate the organization with respect to the matter or whose
omission in connection with that the matter may be imputed to the
organization for purposes of civil
or criminal liability or whose statement may constitute an admission on the part of the
If an agent or employee a constituent of the organization is represented
in the matter by his or her
own counsel, the consent by that counsel to a communication will be sufficient for purposes of
Rule. Compare Rule 3.4(f). The prohibition of this Rule does not apply to contact with
unrepresented former agents or employees constituent of the
represented organization (although
Rule 4.3 does then apply); however, the lawyer making the contact must take care not to
induce the former agent/employee constituent to reveal information
that may be protected by the
privilege attached to attorney/client lawyer-client communications to
the extent of the person's
contacts, while an agent or employee a constituent, with her or his
former employer's counsel.
 The prohibition on communications with a represented person only applies,
circumstances where the lawyer knows that the person is in fact represented in the matter to be
discussed. This means that the lawyer has actual knowledge of the fact of the representation; but
such actual knowledge may be inferred from the circumstances. See
Rule 1.0(g). Such an
inference may arise in circumstances where there is substantial reason to believe that the person
whom communication is sought is represented in the matter to be discussed. Thus, a
evade the requirement of obtaining the consent of counsel by closing eyes to the obvious.
 This Rule applies even though the represented person initiates or consents to the communication. A lawyer must immediately terminate communication with a person if, after commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this Rule.
 In the event the person with whom the lawyer communicates is not known to be represented by counsel in the matter, the lawyer's communications are subject to Rule 4.3.
Reference: Minutes of the Professional Conduct Subcommittee of the Attorney Standards Committee on 09/20/85 and 10/18/85; Minutes of the Joint Committee on Attorney Standards Meeting of 12/12/97, 06/08/04, 04/08/05, 06/14/05.