ISBA Ethics Opinions on Communication with Represented Person

Opinion 23-04 | Communication with Represented Person
Pro se lawyer contacting opposing party represented in one aspect of a case but unrepresented in another aspect of the case

Under Rule 4.2, a lawyer, even one who is acting pro se, is not permitted to have contact with a party who is represented in one aspect of a case and unrepresented in another aspect of the case, without the consent of that party’s lawyer, or the authorization of law or court order.
Opinion 19-05 | Communication with Represented Person | E-mail: Copying opposing Lawyers's client on reply email
Copying opposing lawyer's client on reply email
Opinion 18-03 | Communication with Represented Person
Communicating with prospective client whenh that person is represented by another lawyer.
Opinion 18-01 | Communication with Represented Person | Confidentiality | E-mail
Use of tracking software in emails or other electronic communications
Opinion 13-09 | Communication with Represented Person
Direct communication with government representatives
Opinion 13-06 | Communication with Represented Person | Guardians and Guardianship
Obligation of lawyer acting as a Guardian ad litem in adoption proceeding to contact petitioners' counsel prior to interviewing petitioners or minors at issue
Opinion 09-01 | Communication with Corporate Employees | Communication with Represented Person | Communication with Unrepresented Person
Communications with current and former corporate constituents

A lawyer may communicate with a current constituent of a represented organization about the subject-matter of the representation without the consent of the organization’s counsel only when the constituent does not (i) supervise, direct or regularly consult with the organization’s lawyer concerning the matter; (ii) have authority to obligate the organization with respect to the matter; or (iii) have acts or omissions in connection with the matter that may be imputed to the organization for purposes of civil or criminal liability. Consent of the organization’s lawyer is not required for
Opinion 04-02 | Communication with Represented Person
Communication with represented party in employment negotiations

During employment contract negotiations, General Counsel may not directly contact a party known to be represented by another lawyer without the prior consent of that lawyer. The General Counsel is communicating regarding “the subject of the representation with a party the lawyer knows to be represented by another lawyer in that matter” without the prior consent of the lawyer representing the other party thus violating the no-contact rule. Illinois Rule of Professional Conduct 4.2.
Opinion 99-03 | Advertising and Solicitation | Communication with Represented Person | Conflict of Interest - Transactional Matters
Lawyer for lending institution seeking to represent already represented borrower
Opinion 96-09 | Advertising and Solicitation | Communication with Represented Person | Reporting Lawyer Misconduct
Discharged lawyer contacting represented former client, duty to report
Opinion 95-12 | Communication with Represented Person | Threatening Disciplinary Action
Threatening disciplinary prosecution to gain advantage in ordinance violation matter and communicating with represented government party
Opinion 92-03 | Communication with Represented Person
Communication with elected government officials
Opinion 91-21 | Communication with Adverse Person | Communication with Represented Person
Lawyer communication with adverse party’s in-house counsel without knowledge of adverse party’s retained private counsel
Opinion 89-04 | Communication with Represented Person | Prosecutors
Prosecutor’s communication with, and initiated by, defendant without consent of defendants lawyer
Opinion 88-10 | Communication with Represented Person | Prosecutors
State’s Attorney communication with represented defendant
Opinion 85-05 | Communication with Adverse Person | Communication with Represented Person
Notice required by agreement directly to opposing person
Opinion 794 | Communication with Represented Person
Communications with represented government entity

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.