The Advisory Committee on Professional Ethics recently ruled in ACPE Opinion 739 in response to an inquiry from a lawyer with regard to the use of a group email and “reply all,” which included his client, as to whether there had been a violation of Rule of Professional Conduct 4.2. The committee found there was no violation of the rule. We agree.
In his inquiry, the lawyer indicated that when the lawyer sends emails to opposing counsel, the lawyer often copies the client. Opposing counsel then often “hits” “reply all” so that his client directly receives the responsive email from opposing counsel, but without the lawyer’s prior consent.