ABA Journal says that the ABA's ethics committee is reconsidering its opinion 11-461, explicating the no-contact rule. The opinion had said that a lawyer may suggest that her client approach the other side directly (I agree with that), may script talking points for the client (a closer call, but one I agree with, if the talking points don't aim to get the other side's privileged information), and may even draft a contract or settlement agreement that the client will try to get the opponent to sign (which makes me squirm). According to the article, the APRL listserv discussion was a catalyst in convincing the ABA committee to take a second look.
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December 29, 2011
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Worst opinion. Ever.
Posted by: David Hricik | January 02, 2012 at 05:45 AM