How did this historical opinion treat ex parte interviews of a represented defendant's managers and scene witness?

Plain-English summary

In a slip-and-fall case, counsel asked about ex parte interviews of defendant's management employees, one formerly employed, and an employee present at the scene.

The opinion said then-current Rule 4.2 barred contact with all of them. It allowed investigation to locate a person so long as no information was sought from that person after location. The official source now warns that Rule 4-4.2 and its former-employee comments changed substantially.

Currency note

The official source states: 'Rule 4–4.2 and its comments regarding former employees have changed substantially since this informal advisory opinion was issued.' This 1993 opinion also predates Missouri's 2007 rule amendments, identified in an official reference note. Treat its contact analysis as historical context and verify current rules before relying on it.

Common questions

Q: Could counsel interview the listed employees directly?

A: No, under the historical rule analysis in this opinion.

Q: Could counsel locate a person first?

A: Yes, if no information was sought from that person once located.

Q: Does the source flag a later change?

A: Yes. Its note says the rule and former-employee comments changed substantially.

Background and rules framework

The body applied Rule 4.2 to three categories of employees; the official status note refers to later changes in Rule 4-4.2.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4.2
• Missouri Rule 4-4.2

See also

• Missouri Informal Op. 930164: Former employee contact under changed rule
• Missouri Informal Op. 930138: Company driver contact under changed rule

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930118/

Original opinion text

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

[NOTE: Rule 4–4.2 and its comments regarding former employees have changed substantially since this informal advisory opinion was issued.]

QUESTION: Attorney represents client in a slip and fall case. Can attorney conduct ex parte interviews with management employees of defendant or an employee of defendant who was present at the scene? One management employee is no longer employed by defendant. ANSWER: Rule 4.2 prohibits ex parte contact with any of these individuals. This rule does not prohibit investigation to locate an individual as long as no information is sought from the individual once he is located.