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

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.