May Trustees Who Happen To Be Lawyers Communicate Directly With Debtors?

By Jan Sensenich, Chapter 13 Trustee for the District of Vermont

Rule 4.2 of the ABA Model Rules of Professional Conduct prohibits lawyers from communicating with opposing parties who are represented by counsel. Most state bar codes of ethics have something similar.

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a . . .

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