In California, what is required before an attorney can communicate with a person known to be represented by counsel?

In California, before an attorney can communicate with a person known to be represented by counsel, it is essential for the attorney to obtain the consent of the other party’s counsel. This requirement is rooted in the principle that a represented party should communicate through their lawyer, thus respecting the attorney-client relationship and ensuring that the rights of the client are maintained.

This rule serves to prevent potential coercion or undue influence that might arise from direct communication, which could undermine the integrity of legal representation. By requiring consent, the legal system upholds ethical standards and fosters a professional environment where parties can engage in discussions without compromising their rights or legal protections.

Obtaining consent is not merely a formality; it reinforces the respect for the role of counsel and ensures that communications are appropriately managed and documented.