Regarding communication with a represented person, which scenario is allowed?

• A. A lawyer may direct a investigator to communicate with the represented person, provided advance notice is given to the represented person’s counsel.
• B. A lawyer may communicate directly with the represented person without notifying anyone.
• C. A lawyer may communicate with the represented person only after obtaining consent from the court.
• D. A lawyer may communicate with the represented person if the client is a close friend.

Answer: (A)

When a person is represented by counsel, you may not have the lawyer directly talk to that person about the matter. The allowed path is to involve a mediator or investigator under the lawyer’s supervision, but only if the represented person’s counsel has been notified or is otherwise present for the communication. In this scenario, directing an investigator to contact the represented person, while giving advance notice to the person’s counsel, fits that rule: the lawyer isn’t speaking to the represented person himself, and the counsel has a chance to be present or to consent. That preserves the protections for the represented person while letting the lawyer obtain information through a capable intermediary.

The other options fall short because the lawyer would be engaging in direct communication with the represented person without the counselor’s presence or consent, or would require court permission or rely on an irrelevant relationship fact, none of which align with the rule.