Could a lawyer contact a former client who had left an employer about another client’s retaliation suit against that employer?

Plain-English summary

A lawyer represented a former employee in a settled harassment matter, then a second employee alleging retaliation by the same employer. The first client had left before the second was fired and had no managerial role in that termination.

On those circumstances, the opinion allowed the lawyer to contact the former client about the second matter without violating Rule 4-4.2.

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: Was contact with the first client barred under Rule 4-4.2?

A: No. The opinion permitted it on the stated facts.

Q: What timing fact did the question describe?

A: The first client left before the alleged retaliation and termination.

Background and rules framework

The answer expressly addressed Rule 4-4.2 on the described former-employee facts.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-4.2

See also

• Missouri Informal Op. 990174: Contact Bookkeeper

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/990029/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Attorney represented Client 1 in a settlement of a sexual harassment claim. Client 1 left the employer after the settlement of the claim. Attorney now represents Client 2, who works for the same employer. Client 2 was supervised by Client 1. Both Clients 1 and 2 were management level employees. Client 2 alleges that Client 2 was fired in retaliation for supporting Client 1´s claim of sexual harassment. The alleged retaliation and termination occurred after Client 1 left the employer. Client 1 did not participate and had no managerial responsibility over the termination of Client 2. May Attorney contact Client 1, regarding Client 2´s matter, without violating Rule 4–4.2?

ANSWER: Under the circumstances Attorney has described, it is permissible for Attorney to contact Attorney´s former client, Client 1, without violating Rule 4–4.2.