Ezel / Ethics Opinions / SBAND

Could a claimant's lawyer contact an insurer's claims representative directly after defense counsel was appointed?

Short answer The committee said Rule 4.2 barred direct contact with the insurer's representative without prior approval from the appointed defense counsel.
Bar
SBAND
Issued
March 12, 1992
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1992. Ask about yours and see what the current North Dakota Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under North Dakota Rule for Lawyer Discipline 1.2(B), a lawyer who acts in good faith and in reasonable reliance on a written opinion of the association's ethics committee is not subject to sanction for the conduct the opinion addresses. 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 as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A claimant's lawyer asked whether the lawyer could contact an insurance company's claims personnel directly while the company supplied a defense through appointed counsel. The request also discussed sending copies of correspondence to the claims department.

The committee applied Rule 4.2. It said the rule precluded a claimant's lawyer from directly contacting representatives of the insurer without prior approval from defense counsel. Where the insurer had appointed defense counsel, the claimant's lawyer needed that counsel's consent before direct communication with the company's claims person.

Currency note

This opinion was issued in 1992, before North Dakota's 2006 revisions to its Rules of Professional Conduct. The later North Dakota Opinion 06-05 states: “On August 1, 2006, material changes to N.D.R. Prof. Conduct 1.10(a) will take effect.” 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 Treat this page as historical context, not current guidance.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, deadline, or requirement.

Common questions

Q: Could the claimant's lawyer contact the insurer's claims person after defense counsel was appointed?

A: The committee said direct contact required the defense counsel's prior approval.

Q: Which rule controlled the committee's answer?

A: It identified North Dakota Rule 4.2 as addressing the requested insurer-contact questions.

Background and rules framework

The letter applies Rule 4.2 to a liability insurer providing a defense through appointed counsel and the claimant's lawyer's proposed contact with claims personnel.

Citations and references

Rules of Professional Conduct:

  • North Dakota Rule 4.2, contact with a represented party.

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

What do the rules say today, for your facts?

This opinion is from 1992. Ezel checks the current North Dakota Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace