April 01, 2013

Scruples: Ex Parte Contacts with an Adversary's (Former) Employee

An ethics lawyer outlines the rules around speaking with members of a represented entity.

Michael Downey

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As Ethox answered, Paradox began speaking, “Nemesis has been talking to our engineer.”

“What?” queried Ethox, off-guard.

“You remember,” Paradox continued, “Nemesis has sued Acme Products, claiming Acme’s rocket sled was inherently dangerous.”

“After filing suit, and without notice to us,” Paradox paused for dramatic effect, “Nemesis contacted Acme’s retired chief of engineering and asked about the rocket sled. Such an ex parte communication is unethical, right?”

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