One at One: Opposing Counsel Rule
Posted March 25, 2021
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:
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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.
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