Comment 7 to the revised model rule provides:
In the case of a represented organization, this Rule prohibits communications with a constituent of the organization who supervises, directs or regularly consults with the organization’s lawyer concerning the matter or has authority to obligate the organization with respect to the matter or whose act or omission in connection with the matter may be imputed to the organization for purposes of civil or criminal liability. Consent of the organization’s lawyer is not required for communication with a former constituent. (Emphasis added.)
In contrast, current Texas Disciplinary Rule of Professional Conduct 4.02(c) is consistent with ABA Model Rule 4.2 in part, but is potentially more expansive because it applies to:
(1) those persons presently having a managerial responsibility with an organization or entity of government that relates to the subject of the representation, or (2) those persons presently employed by such organization or entity and whose act or omission in connection with the subject of representation may make the organization or entity of government vicariously liable for such act or omission. (Emphasis added.)
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