Laura Lauth of Broyles Kight & Ricafort, a family law firm in Indianapolis, answers these frequently-asked question.
No. Lawyers are prohibited from discussing the subject matter of a case with any individual that the lawyer knows to be represented by another attorney in the matter, unless the lawyer has received consent from the opposing lawyer or a court order. For instance, if I am representing a wife in a divorce and her husband has not yet retained counsel, I may communicate with him. However, the moment that he retains counsel, I may not communicate with him at all, unless his lawyer gives consent. This prohibition is embodied in Rule 4.2 of the Indiana Rules of Professional Conduct. This same rule is also found in the American Bar Association’s Model Rules of Professional Conduct, which serve as the model for most states’ ethics rules.
Broyles Kight & Ricafort, P.C. is a family law firm in Indianapolis, IN. Find out more by viewing their firm profile here.
Laura, I didn’t realize that as soon as the other spouse obtains representation during a divorce, you can’t communicate with that person directly. I suppose that makes sense, it seems like it would be unethical to bypass someone else’s attorney to obtain information. I would imagine that there’s a lot of things to consider when going through a divorce. Having an experienced lawyer on your side seems like it would help you through it.