Counsel, and self-represented parties, should be able to pick up the phone and speak with each other, and they usually can. Communication is good, and speaking with others is one of the easiest and most convenient ways to communicate. Dissertations about the civility of lawyers sometimes assume that the refusal to speak to an opponent is a trait of the difficult lawyer, not the defense mechanism of an ethical lawyer seeking to avoid potential trouble. But there is nothing in the rules mandating that a lawyer engage in spoken communication, and it is sometimes foolish to do so.

Lawyers are not obligated to put themselves and the interests of their clients at risk by engaging in off-the-record communications with untrustworthy or abusive people. Undocumented communication can be cited inaccurately to a court to gain advantage in a case or even form the basis for a new claim against a lawyer or client. If someone has shown a willingness to twist spoken words away from their meaning or even to lie outright about what was said or has been abusive, sometimes the only remedy is to refrain from speaking with that person altogether.