Ezel / Ethics Opinions / MOLEC

Could counsel copy an insured accident participant on adjuster correspondence when counsel knew of no lawyer for that person?

Short answer The opinion said Rule 4-4.2 did not bar direct contact with a party not known to have counsel, even when an insurance adjuster was involved.
Bar
MOLEC
Issued
1999

Apply this to your situation

This page answers the general question as of 1999. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer representing one accident participant was negotiating with the other participant’s insurer and wanted to copy that person on correspondence to the adjuster.

The opinion said Rule 4-4.2 did not prohibit direct contact if the other party was not known to be represented by a lawyer, even with a claims adjuster involved.

Currency note

This opinion was issued in 1999, 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: Did an adjuster alone make the party represented by counsel?

A: No. The opinion did not treat adjuster involvement as sufficient.

Q: What fact controlled direct contact?

A: Whether the other party was known to be represented by a lawyer.

Background and rules framework

The answer expressly applied Rule 4-4.2.

Citations and references

Missouri Rules of Professional Conduct:

  • Rule 4-4.2

See also

Source

Original opinion text

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

QUESTION: Attorney represents A, who was involved in a motor vehicle accident with B. Attorney has entered into settlement negotiations with the claims adjuster from B´s insurance company. Attorney would like to make certain that B is fully apprised of the status of the settlement negotiations, may Attorney copy B on all correspondence to the claims adjuster?

ANSWER: Rule 4–4.2 does not prohibit direct contact if the other party is not known to be represented by a lawyer, even if a claims adjuster is involved.

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