Conn. R. Prof'l Conduct 4.2

History

(P.B. 1978-1997, Rule 4.2.) (Amended June 14, 2013, to take effect Oct. 1, 2013.) COMMENTARY: This Rule does not prohibit communica- tion with a party, or an employee or agent of a party, concerning matters outside the representation. For example, the existence of a controversy between a government agency and a private party, or between two organizations, does not prohibit a lawyer for either from communicating with nonlawyer representatives of the other regarding a separate matter. Also, parties to a matter may communicate directly with each other and a lawyer having independent justification for communicating with the other party is permitted to do so. Communications authorized by law include, for example, the right of a party to a controversy with a government agency to speak with government officials about the matter. In the case of an organization, this Rule prohibits communi- cations by a lawyer for one party concerning the matter in representation with persons having a managerial responsibility on behalf of the organization, and with any other person whose act or omission in connection with that 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 organization. If an agent or employee 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 this Rule. (Compare Rule 3.4). This Rule also covers any person, whether or not a party to a formal proceeding, who is represented by counsel con- cerning the matter in question.