MPRE Communication 3

Question 1

An attorney represents the plaintiff in a contract dispute. She learns that the defendant is now represented by counsel. She calls the defendant directly to discuss a settlement without informing defendant's counsel. This conduct is:

Accepted Answer

Impermissible under the no-contact rule of Rule 4.2

Answer

Rule 4.2 prohibits a lawyer from communicating about the subject of the representation with a person the lawyer knows to be represented by another lawyer without that lawyer's consent.

Question 2

A lawyer for the plaintiff wants to interview a current employee of the defendant corporation. The employee is in the accounting department and had no role in the transaction at issue. The defendant is represented by counsel. Which statement is correct?

Accepted Answer

The lawyer may contact the employee without consent because the employee is not a party

Answer

Under Rule 4.2 and its Comment 7, the no-contact rule for organizational employees applies only to those who supervise, direct, or regularly consult with the organization's lawyer, or whose acts or omissions may be imputed to the organization — not all employees.

Question 3

An attorney representing a criminal defendant learns the victim is represented by a civil attorney for a related civil claim. The prosecutor's office asks the defense attorney to speak with the victim about the criminal case. The defense attorney may:

Accepted Answer

Speak with the victim only with the civil attorney's consent

Answer

Rule 4.2 requires consent of the person's counsel when that person is represented in the matter, even if the representation is in a related rather than identical proceeding.

Question 4

A government attorney is investigating a corporation for environmental violations. The corporation is represented by outside counsel. The government attorney wants to issue administrative subpoenas to current employees. Under Rule 4.2, this is:

Accepted Answer

Permitted because government investigative subpoenas are authorized by law

Answer

Rule 4.2 contains an exception for communications 'authorized by law,' which includes government lawyers acting under lawful authority such as issuing investigative subpoenas.

Question 5

Defense counsel in a civil case learns that the opposing party's attorney has withdrawn and no new counsel has appeared yet. Defense counsel wants to communicate directly with the opposing party about extending a discovery deadline. Under Rule 4.2, she may:

Accepted Answer

Communicate directly because the party is currently unrepresented

Answer

Rule 4.2 prohibits contact with a represented person; once the attorney-client relationship ends and no new counsel appears, the party is unrepresented and direct contact is permitted (subject to Rule 4.3).

MPRE Practice Test

MPRE Practice Test

MPRE Communication 3