Every Tennessee lawyer knows there is an ethical restriction on communicating with someone represented by counsel. When the parties to a case are individuals, resolving questions about whether they are represented by counsel and whether the communication would relate to the matter in which they are being represented are straightforward. When one or more parties to a matter are organizational entities, however, questions can be (or at least can seem to be) less clear. This program will explore the interrelationship between RPC 1.13 governing representation of organizational entities and RPC 4.2 on communication with represented persons. Along the way, Parke Morris, whose practice is almost exclusively on the plaintiff's side of matters, and Brian Faughnan, Chair of the TBA Ethics Committee and a lawyer who is more often than not on the defense side of matters, will discuss practical guidance in approaching these issues.
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This course is no longer available for purchase.
This program will be filed for Tennessee CLE credit. Please email a request to cle@tnbar.org for Georgia and Mississippi CLE credit.
The presentation was informative and professionally delivered. I learned some new things.
Good discussion about recurring practical issues.
The presentation did a great job of sharing the Plaintiff and Defendant sides regarding whether an employee is currently represented by the corporation's corporate counsel and how to properly go about contacting a potential witness. The potential exposure for defense counsel claiming to represent all employees was also an interesting point.
Great panel. Lively discussion about a good topic.