The Missouri Bar
Professionalism
Informal Advisory Opinions

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Communication With Person Represented by Counsel
Opinion Number: 960286 - Rule Number: 4.2;8.4(d);3.4(c)
QUESTION: Attorney represents a plaintiff in a personal injury suit. Attorney would like to conduct an ex parte interview of the doctor whom defendant has identified as an expert. May Attorney do so? ANSWER: The Rules of Professional Conduct do not prevent an ex parte contact with the expert as long as such contact does not violate the rules of discovery. Whether such contact violates those rules has been the subject of several appellate opinions. A legal issue under the discovery rules is not within the scope of an informal advisory opinion.