Questions concerning contact with third parties
1. You represent a defendant in a personal injury action. Without telling the plaintiff’s lawyer, you approach the doctor who treated the plaintiff after the accident and who will probably be called as a witness in the case. Anything wrong under MR 4.2?
2. Your client is suing the A Corp. for harm due to a defective product. You send an investigator to interview a janitor at the A corp’s factory without telling A Corp’s counsel. Anything wrong under MR 4.2? Imagine instead that you interview a former manager of the A Corp. without telling the A Corp’s counsel. Any problems under MR 4.2?
3. Does MR 4.3 prohibit you from approaching currently unrepresented potential plaintiffs against your client and making settlement offers to them without advising them of the appropriateness of getting the advise of counsel?