Communication with represented persons — Model Rule 4.2 (the 'no-contact' rule)
**Rule 4.2 (No-Contact Rule):** In representing a client, a lawyer shall not communicate about the subject of the representation with a person 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 to do so by law or a court order.
**Scope — who is a 'represented person'?** In organizational defendants (Rule 4.2 cmt. [7]): current constituents who (a) supervise, direct, or regularly consult with the organization's lawyer concerning the matter, (b) have authority to obligate the organization, or (c) whose act or omission may be imputed to the organization for purposes of civil or criminal liability. Former employees are **not** covered by Rule 4.2 (may be contacted), but Rule 4.4 still limits pretext/deceit.
**Rule 4.3 — Dealing with unrepresented persons:** the lawyer shall not state or imply the lawyer is disinterested; must correct misunderstanding; shall not give legal advice other than to secure counsel.
**Rule 4.4(a) — Respect for rights of third persons:** shall not use means that have no substantial purpose other than to embarrass, delay, or burden; shall not use methods of obtaining evidence that violate the legal rights of such a person.
**Rule 4.4(b) — Inadvertent disclosure:** A lawyer who receives a document relating to the representation of the lawyer's client and knows or reasonably should know the document was inadvertently sent shall promptly notify the sender.
**Federal Rule of Evidence 502(b):** inadvertent disclosure in a federal proceeding does not waive privilege if (1) inadvertent, (2) holder took reasonable steps to prevent disclosure, and (3) holder took reasonable steps to rectify.