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The No Contact Rule: Common Scenarios and Best Practices (New York Law Journal)

New York Law Journal, December 9, 2022

The No Contact Rule: Common Scenarios and Best Practices

But can an attorney advise as to those communications without providing notice to the other lawyer? A New York City Bar Association Ethics Committee Opinion answers this question affirmatively—it explains that “where the client conceives the idea to communicate with a represented party, … [t]he lawyer may freely advise the client so long as the lawyer does not assist the client inappropriately to seek confidential information or invite the nonclient to take action without the advice of counsel or otherwise to overreach the nonclient.”

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