Advisory Committee on Professional Ethics – Opinion 746 (Amended) – Application of RPC 4.2 to Lawyers Who Are Proceeding Pro Se in Legal Matters

The Advisory Committee on Professional Ethics has received several inquiries through the attorney ethics research assistance hotline about the application of Rule of Professional Conduct (RPC) 4.2 to lawyers who are proceeding pro se in legal matters. RPC 4.2 prohibits lawyers from communicating with a person who is represented by counsel about the subject of the representation without the other lawyer’s consent. For the reasons set forth in this Opinion, the Committee finds that RPC 4.2 does not apply to pro se lawyers