May a lawyer serving as a Chapter 13 trustee contact a represented debtor without the debtor lawyer’s consent?

Plain-English summary

The opinion considers direct contact with a represented Chapter 13 debtor by a lawyer acting as trustee and by counsel for the trustee. When the trustee files potentially adverse motions or responses, the opinion treats the trustee as representing a client under Rule 4-4.2 and bars direct contact without debtor counsel’s permission unless law or a court order authorizes it.

The opinion permits the trustee’s direct contact in a purely administrative role, such as nonlegal advice and assistance with performance under the plan. It does not decide what the Bankruptcy Code independently authorizes.

A separate lawyer representing the trustee also may not contact a known represented debtor directly without debtor counsel’s consent or authorization by law or court order.

In practice

The opinion turns on the trustee’s role in the particular contact. It distinguishes administrative assistance from adversarial filings and applies the represented-person rule to counsel for the trustee.

Common questions

Q: When does Rule 4-4.2 restrict a lawyer-trustee’s debtor contact?

A: When the trustee files potentially adverse motions or responses and is representing a client for purposes of the rule.

Q: May the trustee communicate in a purely administrative capacity?

A: Yes. The opinion permits the described nonlegal advice and plan assistance.

Q: May trustee counsel contact a represented debtor directly?

A: Only with debtor counsel’s consent or authorization by law or court order.

Background and rules framework

Rule 4-4.2 prohibits lawyer contact about a representation with a known represented person without counsel’s consent or legal or court authorization. The opinion applies it differently to administrative and adverse trustee roles.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-4.2

See also

• Missouri Informal Op. 2015-07: Adverse Agency Contact
• Missouri Informal Op. 2013-01: Former Manager Contact

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/2011-09/

Original opinion text

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

Question 1: Does Rule 4–4.2 prohibit Attorney who is a Chapter 13 Bankruptcy Trustee from communicating with a debtor who is represented by counsel in a bankruptcy proceeding, without consent of the debtor’s counsel?

Answer 1: If, as part of Trustee’s duties in a bankruptcy case, Trustee files one or more motions and/or responses that may be considered adverse to the Chapter 13 debtor’s position, Trustee is “representing a client” for purposes of Rule 4–4.2 and may not communicate with a represented debtor without the permission of the debtor’s attorney, unless authorized by law or court order. Trustee may communicate directly with a represented debtor without violating Rule 4–4.2 when Trustee is serving in a purely administrative role pursuant to Trustee’s duty in the Bankruptcy Code to advise a debtor about non-legal matters and assist in performance under the plan. This opinion does not purport to interpret the Bankruptcy Code or any other law that may authorize Trustee to communicate with a debtor pursuant to Rule 4–4.2.

Question 2: Does an attorney representing the Chapter 13 Bankruptcy Trustee violate Rule 4–4.2 by communicating with a represented debtor without consent of the debtor’s attorney?

Answer 2: An attorney representing the Chapter 13 Bankruptcy Trustee violates Rule 4–4.2 by communicating directly with a person the attorney for Trustee knows to be represented by counsel, unless the debtor’s attorney consents to the communication or the attorney for Trustee is authorized to do so by law or court order.