One at One: Opposing Counsel Rule

Today’s Issue:

Whether “replying all” to opposing counsel’s e-mail (when opposing counsel included their client on the e-mail) constitutes a violation of Rule of Professional Conduct 4.2.

Answer:

No. The New Jersey Advisory Committee on Professional Ethics recently concluded that a group e-mail chain is an informal mode of communication, similar to a conference call. A “reply all” response by one attorney is directed at opposing counsel, not a client who happens to be included. Ultimately, if an attorney does not want a client to receive a “reply all” message from opposing counsel, the burden is on the attorney to exclude the client from the original e-mail.

Resources:

https://www.njcourts.gov/notices/2021/n210316a.pdf?c=RKQ

To Learn More about FPSCTT’s Education and School Law Practice, please contact:

Lester Taylor, Partner and Chair

Christine Soto, Partner and Co-Chair

Afshan Ajmiri Giner, Partner and Co-Chair

Caitlin Pletcher, Partner

This post is for informational purposes only and should not be construed as legal advice.