SCR 3.130 KENTUCKY RULES OF PROFESSIONAL CONDUCT
TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS

Current with amendments received through 6/30/99

SCR 3.130(4.2) COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL

In representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.

Adopted by Order 89-1, eff. 1-1-90

COMMENTARY

Supreme Court

1989:

[1] This Rule does not prohibit communication 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.

[2] In the case of an organization, this Rule prohibits communications 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. Prior to communication with a nonmanagerial employee or agent of an organization, the lawyer should disclose the lawyer's identity and the fact that the lawyer represents a party with a claim against the organization. See Rule 4.3. 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(f).

[3] This rule also covers any person, whether or not a party to a formal proceeding, who is represented by counsel concerning the matter in question.

[4] A person's continued representation after the conclusion of a proceeding or matter is not necessarily presumed. The passage of time may be a reasonable ground to believe that a person is no longer represented by a lawyer, and the Rule is not intended to prohibit all direct contact in such circumstances.

Ethics Opinions At This Website Citing This Rule

KBA E-365, KBA E-372, KBA E-381, KBA E-382, KBA E-392 and KBA E-393