What does Rule 4.2 state regarding communication with opposing parties?

Rule 4.2 of the ABA Model Rules of Professional Conduct addresses communication with represented parties, establishing an important guideline for ethical legal practice. The rule specifies that a lawyer must not communicate about the subject of the representation with a person they know to be represented by another lawyer in that matter, unless they have the consent of the other lawyer or are authorized by law to do so. This provision aims to respect the professional relationship between the opposing party and their legal counsel, preventing any undue influence or interference.

The other choices do not accurately reflect the restrictions imposed by this rule. For instance, stating that a lawyer may communicate freely with any party disregards the necessity of obtaining consent when dealing with represented individuals. Additionally, the suggestion that a lawyer can speak freely if the court is not in session does not acknowledge the critical nature of the underlying representation status, which is paramount regardless of court activity. Finally, while lawyers may negotiate settlements, they still must observe the prohibition against communicating with the opposing party who is represented without appropriate consent. The emphasis on obtaining consent protects the integrity of the legal process and ensures that lawyers maintain proper professional conduct.