NCJ Number
130007
Journal
Judicature Volume: 74 Issue: 6 Dated: (April-May 1991) Pages: 290-291,336
Date Published
1991
Length
3 pages
Annotation
The United States Attorney General challenges the argument by Jerry Norton that government attorneys were being held to a different and lower standard of ethics than other members of the bar, based on a memorandum from the Attorney General to Department of Justice litigators regarding contacting represented persons.
Abstract
The memorandum concerns the occasions in which the government may contact an individual, either overtly or in an undercover context, without going through that individual's attorney. The memorandum reflected a policy that was set out largely in response to the unwarranted expansion of the interpretation of Model Rule 4.2. This rule and its State counterparts prohibit contacting represented parties unless "authorized by law." Two recent case examples show the need for the policy. The memorandum does not encourage attorneys or agents to force themselves between lawyers and clients to convince a potential defendant to cooperate with the government or to change lawyers. However, situations arise when contacts are appropriate. Response to these points by Jerry Norton