May Missouri counsel use another state’s contact rule to interview a former corporate employee in Missouri for litigation there?

Plain-English summary

A Missouri lawyer admitted as a visiting attorney in another state wanted to interview a former corporate employee living in Missouri for a lawsuit filed in that other state.

The opinion allows reliance on the other state’s Rule 4-4.2 rules and rulings if all of the proceeding will be litigated under that state’s courts. It requires any ruling followed to be an official court or disciplinary-authority interpretation.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. 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: What litigation-location condition did the opinion impose?

A: All of the proceeding must be litigated under the other state’s courts.

Q: May the lawyer rely on an informal view of the other state’s rule?

A: No. The answer requires an official interpretation by a court or disciplinary authority.

Background and rules framework

The answer addresses Rule 4-4.2 across jurisdictions for a former-employee interview.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-4.2

See also

• Missouri Informal Op. 960252: Former Manager Contact
• Missouri Informal Op. 960192: Employee Contact

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/960167/
• Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

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

QUESTION: Attorney is licensed in Missouri and represents a party adverse to a corporate defendant. The lawsuit is filed in another state in which Attorney has been admitted as a visiting attorney. Attorney wants to conduct an ex parte interview of a former employee of the corporate defendant who resides in Missouri. The rules of the other state would permit such an interview. May Attorney conduct the interview? ANSWER: As long as all of the proceeding will be litigated under the jurisdiction of the courts of the other state, Attorney may follow the rules and rulings of the other state regarding Rule 4–4.2. However, the rulings which Attorney follows must be official interpretations of a court or disciplinary authority.