Communications with Represented & Unrepresented Persons
Professional Responsibility · Lesson 08
Communications with Represented & Unrepresented Persons
這一課問的是：律師能否與已代理或未代理之人就事件溝通？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
May the lawyer communicate with a represented or unrepresented person about the matter?
這一課問的是：律師能否與已代理或未代理之人就事件溝通？
Trigger words & phrases that should flag this issue:
no contact ruleunrepresentedcommunicationex parte
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
MR 4.2
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No contact with represented persons without consent.
MR 4.2 不可接觸代理人。
represented person
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Person represented by counsel in matter.
代理人。
MR 4.3
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Communication with unrepresented persons.
MR 4.3。
legal advice
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Lawyer must not give legal advice to unrepresented adverse party.
法律建議。
organization clients
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Special rules for current vs former employees.
組織客戶。
court rules exception
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Communications authorized by law or court order.
法律或法院授權之溝通。
Rule Sentence · the workhorse
Under MR 4.2, a lawyer shall not communicate about the subject of representation with a person known to be represented by another lawyer in the matter, unless the lawyer has consent of the other lawyer or is authorized by law or court order; under MR 4.3, when dealing with an unrepresented person, the lawyer shall not state or imply the lawyer is disinterested and shall make reasonable efforts to correct misunderstandings.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人lawyer律師
Act 行為communicating溝通
Object 對象represented or unrepresented person代理或非代理人
Standard 法律標準MR 4.2 + 4.3MR 4.2 + 4.3
Consequence 後果permissible communication可允許之溝通
Casebook Snapshot · a real American case
Niesig v. Team I
Holding. In organizational contexts, the no-contact rule extends to corporate employees "whose acts or omissions in the matter under inquiry are binding on the corporation" or whose statements would be admissions; lower-level employees may generally be contacted.
Why it matters. Niesig narrows the no-contact rule for organizations: only key employees protected.
Niesig：組織中只關鍵員工受保護。
Common Mistakes · what trips students
✗ former employees 也不可接觸。
✓ Former employees generally may be contacted.
前員工通常可接觸。
Mini IRAC · build the Application
Issue. May lawyer L contact employee E of D Corporation (a represented party) directly about the matter?
Rule. Under MR 4.2, in an organizational context, the no-contact rule covers current employees whose acts or omissions may bind the organization or whose statements may be imputed admissions.
Application (model). E is a current mid-level employee of D Corp whose statements would not bind the corporation but might be discoverable. Because the no-contact rule covers current employees whose acts bind the organization or whose statements would be admissions, and lower-level employees not in those categories may be contacted, the fact that E is not in management and lacks binding authority means E is generally outside MR 4.2.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, L may communicate with E (with caution about MR 4.3 disclosure).
MBE Check · multiple choice
L represents P in a lawsuit against D. L contacts D's current accountant directly to ask about D's records. Permissible?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: