Beyond the No-Contact Rule: Ex Parte Contact by Lawyers with Nonclients

49 Pages Posted: 23 Mar 2014

See all articles by George M. Cohen

George M. Cohen

University of Virginia School of Law

Date Written: 2013

Abstract

The ethics rules governing lawyers include a number of rules banning contact between lawyers and nonclients. These “no-contact” rules are rarely studied as a group. This Article examines and compares four no-contact provisions contained in the ethics rules. Although protecting vulnerable nonclients from lawyer overreaching plays an important role in justifying these rules, the rules also often aim to protect absent lawyers or clients as much as the contacted parties. This alternative purpose may better explain some features of the no-contact rules.

Keywords: no-contact rule, anti-contact rule, ethics, expert witnesses, witnesses, judicial ethics, solicitation, ex parte contact, ex parte communication, nonclients, Model Rules of Professional Conduct, Model Code of Judicial Conduct.

Suggested Citation

Cohen, George M., Beyond the No-Contact Rule: Ex Parte Contact by Lawyers with Nonclients (2013). Tulane Law Review, Vol. 87, No. 1197, 2013, Virginia Public Law and Legal Theory Research Paper No. 2014-23, Available at SSRN: https://ssrn.com/abstract=2412763

George M. Cohen (Contact Author)

University of Virginia School of Law ( email )

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Charlottesville, VA 22903
United States
(804) 924-3814 (Phone)
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