In October 1998, Congress passed the McDade Amendment, which provides that attorneys employed by the federal government are subject to the ethical rules and responsibilities in each state where the attorney engages in his or her duties “to the same extent and in the same manner as any other attorney in the state.”
The amendment was enacted “in part to combat perceived abuses by federal prosecutors and require them to comply with state no-contact rules,” according to the 3rd U.S. Circuit Court of Appeals’ 2010 decision in United States v. Brown . Pennsylvania’s “no-contact rule,” found at Pennsylvania Rule of Professional Conduct 4.2, prohibits lawyers from communicating with persons that the lawyer knows to be represented. Also included in the prohibition is the use of surrogates to make such communications.
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