MENU

Reynolds v. Department of Transportation, State of Alabama, et al.

For years courts have struggled with the scope of an attorney’s right to communicate with an opposing party’s employees. Many of the cases are determined by the status of the employee, e.g., whether the individual is a managerial employee or member of the so-called “control group.” Recently, however, in an unpublished opinion that merits greater attention, the Eleventh Circuit Court of Appeals added a further layer of complexity to this vexing ethical dilemma in the context of class actions. In particular, the court found that, consistent with Rule 4.2 of the Model Rules of Professional Conduct, a plaintiffs’ class counsel may communicate with an individual who is both (1) a managerial employee of the opposing party and (2) a member of the plaintiff class....