Rule 4.2 of the New York Rules of Professional Conduct, also known as the "No Contact Rule," is frequently implicated, yet not always fully understood. At a high level, the Rule prohibits lawyers from speaking directly with a party the lawyer knows to be represented by counsel about the subject of the representation. The rule arises in a variety of contexts where its application is murky, such as settlement negotiations and investigations. Careful consideration of the Rule is imperative as its violation can have a range of consequences.

The No Contact Rule provides that "a lawyer shall not communicate or cause another to 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 prior consent of the other lawyer or is authorized to do so by law." N.Y. Rules Prof'l Conduct 4.2. The rationale behind the rule is to "prevent situations in which a represented party may be taken advantage of by adverse counsel." Niesig v. Team I, 76 N.Y.2d 363, 370 (1990).

The scope of the Rule is broad, but not all-encompassing. It is limited to communications "about the subject of the representation," and requires that the lawyer have actual knowledge that the party is represented by a lawyer. However, actual knowledge can be inferred from the circumstances, and a lawyer cannot ignore the obvious. N.Y. Rules Prof'l Conduct 4.2, cmt. 8. Importantly, the Rule is not limited to litigations, and it applies even if the represented party initiates or consents to the communication. Shuler v. Liberty Consulting Servs., Ltd., 2022 WL 1552039, at *10 (E.D.N.Y. April 4, 2022) (report and recommendation adopted). Moreover, the rule applies equally to agents of an attorney—such as paralegals or investigators—which the attorney "causes" to communicate with a represented party.