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, Past 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.
Parke Morris, Parke Morris & Associates
Brian Faughnan, Faughnan Law, PLLC