Legal Definitions - anti-contact rule

Anti-Contact Rule

The anti-contact rule is a fundamental principle of professional conduct for lawyers. It prohibits an attorney from communicating directly about the subject matter of a legal case with a person whom the attorney knows is represented by another lawyer in that same matter. This rule applies unless the attorney has obtained consent from the other lawyer, or if the communication is authorized by law or a court order.

The primary goal of the anti-contact rule is to protect individuals who are represented by counsel from potential overreaching or unfair tactics by an opposing attorney. It ensures that all formal communications and negotiations occur through the respective legal representatives, who are presumed to be experienced and capable of protecting their clients' interests. For a violation to occur, the attorney must have actual knowledge that the person is represented, though courts can infer this knowledge from the surrounding circumstances if it was obvious.

Examples:

• Corporate Litigation:

  Imagine a lawyer representing a large technology company in a complex patent infringement lawsuit against a competitor. The lawyer knows that the competitor has a dedicated legal team handling the case. If the lawyer for the technology company were to directly call the Chief Technology Officer (CTO) of the competitor to discuss the technical specifications of the patent in dispute, without first obtaining permission from the competitor's legal counsel, this would be a clear violation of the anti-contact rule. The lawyer is attempting to bypass the opposing counsel to gain information or an advantage directly from a represented party.

• Real Estate Dispute:

  Consider a situation where a homeowner is involved in a property line dispute with their neighbor. The homeowner's lawyer is aware that the neighbor has hired an attorney to represent them in the matter. If the homeowner's lawyer sends an email directly to the neighbor, proposing a specific boundary adjustment or settlement terms, without the neighbor's attorney's consent, this would breach the anti-contact rule. Even though it's an informal email, it constitutes direct communication about the case with a represented party.

• Employment Law Case:

  Suppose an employee is suing their former employer for wrongful termination. The employer's lawyer knows that the employee is represented by an attorney. If the employer's lawyer decides to call a former colleague of the employee (who is a key witness and whose testimony is central to the employee's case, even if not a formal party to the lawsuit) to discuss the employee's performance and the circumstances of their termination, without first getting permission from the employee's lawyer, this could violate the anti-contact rule. The rule extends beyond just the named parties in the lawsuit to others closely involved in the matter who are represented by counsel.