The Law for Lawyers Today

The Law for Lawyers Today

Ethics, Professional Responsibility and More

Category Archives: Unrepresented parties

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“No contact” rule didn’t bar interview with represented suspect, district court holds

Posted in Communication, In-house Counsel, Unrepresented parties
When the government comes knocking during a grand jury investigation, can a G-man interview one of your executives without getting consent from counsel? Last month, the U.S. District Court for the District of Maine said "Yes," and refused to suppress an executive's statements in the tax fraud case against him, holding that the ex parte chat didn't violate ethics rules. The case shows how in a federal criminal investigation, an exception to the well-known "no-contact" rule can sweep away its protection. … Continue Reading

Pro se parties who are sort of not — can you communicate with them?

Posted in Communication, Unrepresented parties
We’ve mentioned before that some courts look with disfavor on lawyers helping pro se litigants by ghostwriting briefs for them to file as their own.  Some opinions discussing the issue frame the conduct as lawyer deceit, as misrepresentation, or even as potential contempt of court.  In a related twist, the ABA ethics committee has recently tried to issue some… Continue Reading