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re: Is bob barton the least professional of them all?

Posted on 3/14/19 at 3:19 pm to
Posted by NBD
Member since Jul 2017
197 posts
Posted on 3/14/19 at 3:19 pm to
Rule 4.2 - "Unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order, a lawyer in representing a client shall no communicate about the subject of the representation with: (1) a person the lawyer knows to be represented by another lawyer in the matter".

"Matter" does not mean pending litigation but refers to the subject of the representation.
Posted by lsu2006
BR
Member since Feb 2004
39983 posts
Posted on 3/14/19 at 3:26 pm to
quote:

"Matter" does not mean pending litigation but refers to the subject of the representation.



This is an extraordinarily broad interpretation of the word "matter". What exactly is the "subject of the representation" in this context? That LSU exists and has general counsel doesn't implicate the existence of a "matter" from my interpretation of the rule. Maybe we should get Prof. Ciolino in on it
This post was edited on 3/14/19 at 3:27 pm
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 3/14/19 at 3:27 pm to
If we’re being ultra-technical, you could make a strong argument the attorney violated that ethics rule as Alleva and Alexander are agents of the university Barton represents. However, I agree with one of the posters that if Barton reports him to the NY Bar, the worst he probably receives is an admonition if any discipline, attorneys do not get disbarred over this stuff, especially with the fact pattern being as murky as it is and it was only one sentence. The rules aren’t a book you throw at and disbar everyone who may commit an arguable violation, depends on the gravity of the offense, context, that attorney’s standing with their bar, stuff like that, think you’re being way off base with arguing for disbarment over one sentence lol.
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