The Ethics of Communicating with Putative Class Members

摘要

The rule against attorney contact with a represented person is deeply entrenched in the law of lawyering. A version of the rule exists in every American jurisdiction. Two facets of the ABA Model Rule on communication with a represented person are striking. First, within its scope, the Rule states an absolute prohibition, rather than a restriction on time, place, or manner. Second, the demands of the Rule cannot be waived by the represented person whose interests are at stake.