If there is an attorney disciplinary case against me, can disciplinary counsel speak to one of my law partners if I am represented by counsel?
Samuel C. Stretton.
The answer is maybe. The rule at issue is Rule 4.2 of the Rules of Professional Conduct. Rule 4.2 precludes communication with a client about the subject matter representation when that person is represented by counsel unless there is consent. Rule 4.2 in the comment elaborates on the situation when there is a business or corporation. Under Comment 7 to Rule 4.2, that rule prohibits communication with a constituent of an organization with those employees that combine the corporation.
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