ABA Ethics Opinion on Replying-to-all When Opposing Counsel CC’s Their Client
Patently-O
NOVEMBER 7, 2022
you cannot communicate with a person represented by counsel in a matter without opposing counsel’s consent — even if opposing counsel is present (the rule is not limited to “ex parte” communications). 2, 2022) ( here ), the ABA indicated that implied consent likely occurs under these circumstances.
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