If a represented party directly requests to discuss settlement, how may the lawyer respond?

If a represented party directly requests to discuss settlement, how may the lawyer respond?

• A. The lawyer may discuss directly with the represented party
• B. The lawyer may communicate with the represented party only through the party's counsel
• C. The lawyer must not discuss at all
• D. The lawyer should wait for instructions from the court

Answer: (B)

Rule 4.2 bars a lawyer from talking directly to a party whom the lawyer knows is represented about the matter, unless the other counsel consents or the law allows. So when the represented party directly asks to discuss settlement, the lawyer must handle all communication through the party’s counsel. This ensures that the representation is respected and that any discussions about the settlement occur with the guidance of who represents the party. The alternative of talking directly would violate the rule, and waiting for court instruction isn’t the standard path unless a court order specifically authorizes it.

Rule 4.2 bars a lawyer from talking directly to a party whom the lawyer knows is represented about the matter, unless the other counsel consents or the law allows. So when the represented party directly asks to discuss settlement, the lawyer must handle all communication through the party’s counsel. This ensures that the representation is respected and that any discussions about the settlement occur with the guidance of who represents the party. The alternative of talking directly would violate the rule, and waiting for court instruction isn’t the standard path unless a court order specifically authorizes it.