Could seller’s counsel send contract notices directly to a represented buyer when the agreement required notice to the buyer?

Plain-English summary

A purchase agreement required the seller to send documents and notices to the buyer. Seller’s lawyer asked how Rule 4-4.2 applied when the buyer had counsel.

The opinion said the seller’s lawyer should ask the buyer’s attorney whether that attorney would accept the documents and notices. If the buyer’s attorney did not indicate acceptance, the seller’s lawyer could send them directly to the buyer.

Currency note

This opinion was issued in 2000, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: What first step did the answer specify?

A: Ask the buyer’s lawyer whether that lawyer would accept the documents and notices.

Q: When could direct delivery occur?

A: If the buyer’s lawyer did not indicate that they would accept them.

Background and rules framework

The question expressly raised Rule 4-4.2 on contact with a represented person.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-4.2

See also

• Missouri Informal Op. 20000108: Contact Insured Driver

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20000140/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney represents the seller in a purchase and sale agreement that expressly requires that the seller send certain documents and notices to the buyer. Does Rule 4–4.2 concerning communications with persons represented by counsel prohibit the Attorney, acting on the seller´s behalf, from sending such notices and documents directly to the buyer when the buyer is represented by counsel?

ANSWER: Attorney should ask the buyer´s attorney whether the buyer´s attorney would accept the documents and notices on behalf of the buyer. If the buyer´s attorney does not indicate that he or she will accept the documents and notices on behalf of the buyer, Attorney may send them directly to the buyer.