Could an employee's lawyer call the employer-requested examination physician about a promised report?

Plain-English summary

In a workers' compensation case, the employer's lawyer requested a medical examination. The physician told the employee he would send a copy of the report to the employee's lawyer, but weeks passed without delivery.

The employee's lawyer called the physician only to ask about the report's status and did not discuss substantive matters. The opinion said that limited contact, on those specific facts, did not violate the Rules of Professional Conduct.

Currency note

This 1994 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Was the described status call improper ex parte contact?

A: No. The opinion found no rules violation under the stated circumstances.

Q: What limited the call?

A: The lawyer asked only about the promised report's status and did not discuss substantive matters.

Background and rules framework

The opinion addressed a narrow communication with a physician retained for an employer-requested examination. It cited no numbered rule.

See also

• Missouri Informal Op. 960286: Ex parte contact with designated defense expert
• UTAHBAR Op. 99-03: Ex parte contact with treating physician

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940097/

Original opinion text

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

QUESTION: In a worker´s compensation case, employer´s attorney requests a medical examination of the employee. During the examination, the physician tells the employee he will send a copy of his report to the employee´s attorney. After several weeks and the report has not been received, the employee´s attorney telephones the physician and inquires about the status without discussing substantive matters. Is this an improper ex parte contact? ANSWER: The limited contact described, under the specific circumstances described, would not violate the Rules of Professional Conduct.