Opposing counsel told me he represents the opposing parties and that all communications must go through him. May I still contact the opposing parties' insurance carrier directly, or contact the parties themselves?

Plain-English summary

The inquiring attorney represented a client in a civil lawsuit and mailed correspondence directly to the opposing parties. In response, opposing counsel informed the attorney that he or she represented the opposing parties and that all communications should be directed to counsel. The attorney asked whether he or she could directly contact the opposing parties' insurance carrier and whether all communication had to go through opposing counsel.

The Panel answered no to direct contact. It set out Rhode Island Rule of Professional Conduct 4.2 ("Communication with Person Represented by Counsel"), which bars a lawyer from communicating about the subject of the representation with a party known to be represented by another lawyer in the matter, absent that lawyer's consent or authorization by law. Quoting the comment that the prohibition covers any person, whether or not a party to a formal proceeding, who is represented by counsel concerning the matter, the Panel concluded that Rule 4.2 barred direct communication with the insurance carrier absent opposing counsel's consent, citing EAP Opinion 93-33 (issued August 25, 1993), which prohibited direct contact with an insurance adjuster under Rule 4.2. Under the plain language of Rule 4.2, the attorney was also prohibited from directly communicating with the adverse parties without the prior consent of adverse counsel.

Currency note

This opinion was issued in 1996 (Opinion 96-14, issued July 11, 1996), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 4.2 as it stood at the time. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which amended Rule 4.2. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can I contact the other side's insurance carrier directly once counsel appears?

A: The Panel said no. It read Rule 4.2 and its comment to bar direct communication with the insurance carrier absent opposing counsel's consent, citing its earlier Opinion 93-33 on insurance adjusters.

Q: May I still write to the opposing parties themselves?

A: No. The Panel held the plain language of Rule 4.2 prohibits directly communicating with the adverse parties without the prior consent of adverse counsel.

Q: Does Rule 4.2 reach nonparties like an insurer?

A: Yes, per the comment the Panel quoted: the prohibition covers any person, whether or not a party to a formal proceeding, who is represented by counsel concerning the matter.

Background and rules framework

The opinion interprets Rhode Island Rule of Professional Conduct 4.2 (communication with person represented by counsel), the analog of Model Rule 4.2. The Panel applied both the rule and its comment to extend the no-contact bar beyond the named parties to a represented insurance carrier, subject only to opposing counsel's consent.

Citations and references

Rules of Professional Conduct:

• MR 4.2 / RI RPC 4.2 (communication with person represented by counsel)

Other opinions cited:

• RI EAP Opinion 93-33 (issued August 25, 1993): direct contact with an insurance adjuster prohibited under Rule 4.2

See also

• RI EAP Opinion 94-81: no direct contact with a represented institution's in-house counsel under Rule 4.2
• RI EAP Opinion 90-08: cannot contact a represented salesperson absent opposing counsel's consent

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2096-14.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

ETHICS ADVISORY PANEL
OPINION 96-14, - REQUEST # 665
Issued - July 11, 1996

FACTS:

The inquiring attorney represents a client regarding a civil law suit. The inquiring attorney mailed correspondence directly to the opposing parties. In response to these letters, opposing counsel informed the inquiring attorney that he/she represents the opposing parties in this matter and that all communications should be directed to him/her.

ISSUES PRESENTED:

The inquiring attorney asks whether he/she may directly contact the opposing parties' insurance carrier and whether he/she must communicate exclusively through opposing counsel.

OPINION:

No, the inquiring attorney may not contact the insurance carrier directly and may not directly contact the opposing parties without permission of counsel.

REASONING:

Rhode Island Rule of Professional Conduct 4.2 "Communication with Person Represented by Counsel," governs the inquiring attorney's ethical responsibilities in this situation. The Rule states that:

In representing a client, a lawyer shall not communicate about the subject of representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.

As stated in the comment to Rule 4.2, the prohibition against direct contact, "covers any person, whether or not a party to a formal proceeding, who is represented by counsel concerning the matter in question." Rule 4.2 along with the comment prohibits the inquiring attorney from direct communication with the insurance carrier absent the consent of opposing counsel. See, Rhode Island Ethics Advisory Panel Opinion # 93-33 (Issued August 25, 1993) which prohibited direct contact with an insurance adjuster under Rule 4.2.

According to the plain language of Rule 4.2, the inquiring attorney is prohibited from directly communicating with the adverse parties without the prior consent of adverse counsel.