I sued a corporation and I noted a manager/officer of the corporation no longer is employed. I wish to speak to that person about the facts of the underlying lawsuit I have brought against the corporation. Can I do so without violating Rule of Professional Conduct 4.2?

As any lawyer should know, the Rule of Professional Conduct 4.2 prohibits communication with a person represented by counsel. Under Comment 7 to Rule 4.2, if the corporation or organization is subject to litigation, the constituents of that organization who supervise it, direct, or regularly consult with an organization’s lawyer concerning the matter or who in the corporation have authority to bind the organization with respect to issues in the case would be prohibited people and the lawyer could not speak with them. But, the comment also notes as follows: “Consent of the organization’s lawyer is not required for communication with a former constituent.”

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