The new opinion means that opposing lawyers would not be in violation of Rule 4.2 if they respond to a group email or text with a “reply all,” even if that communication includes the opposing counsel’s client.
November 03, 2022 at 01:17 PM
3 minute read
What You Need to Know
- An American Bar Association ethics panel has recommended that lawyers avoid copying their clients on emails sent to opposing counsel.
- A lawyer who copies a client on an email to another attorney has given implied consent to the other attorney contacting the sending lawyer’s client when using the
- The ABA opinion is similar to one adopted in New Jersey, while several other states have taken the opposite view of copying clients on messages.
The American Bar Association has warned lawyers to avoid copying their clients when sending an email to opposing counsel.
Lawyers who copy their clients in an electronic communication give implied consent to receiving a “reply all” response that includes the lawyer’s client, the ABA said in its latest ethics opinion.
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