April 2014

Where Is the Line on Advising Clients Regarding Direct Contact With Represented Parties?

Media Law Resource Center MediaLawLetter
Timothy J. Conner
The question is how far can the lawyer go in counseling the client? Can you script what should be said, can you provide talking points, can you draft a settlement agreement that is executable and thus binding? A recent opinion from the American Bar Association concludes that a lawyer can go pretty far in providing advice to a client about direct contact with a represented party - as far as drafting a binding settlement agreement to be presented for execution (with a couple of limiting provisos). This article explores these questions regarding an attorney's counsel to a client.

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