State Bar of Arizona

Our expert faculty will discuss the nuances of the “no contact” rule and provide answers to the following questions:

• How does ER 4.2 affect prosecutors and law enforcement investigations?
•  May investigators ignore 4.2 if they are not working with a prosecutor?
• Does the prosecutor have "control" over the investigator for 4.2 purposes?
• What about a plaintiff’s attorney investigating a claim prior to filing suit? 
• When is a party considered “represented” under ER 4.2?
• Does representation extend only to that one matter or to all matters?
• Does it prevent communications with public officials or other public servants?
• Is communication prevented with regard to other subjects?  May the principals speak even if the lawyers cannot?
• Does ER 4.2 apply to former employees?