• December 6, 2011

Most Minnesota lawyers are well aware of the bedrock principle that they are barred from communicating directly with a represented adversary.  The reason for the rule is pretty obvious.  Lawyers enter the arena with the side-arm of legal training and it would be an abuse of the legal system if they were allowed to ambush their unarmed adversaries.

Can lawyers do an end-around the rule by scripting communications between their clients and the represented adversary?  

In some jurisdictions, yes.  In Minnesota, no.

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