Q. Do I violate Rule 4.2 if I give another lawyer’s client a “second opinion” on a pending legal matter in which I am not involved?

A. Rule 4.2 provides that “[I]n 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” without that lawyer’s consent.

However, Comment [4] to the Rule makes it clear that it does not “preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter.”

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

[Disclaimer.  These questions are representative of calls received on the ISBA’s ethics hotline.  The information provided is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed.  The information provided isn’t legal advice.  Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]