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Proposed rule 4.2 carries forward the substance of current rule 2-100, the ?no contact? rule, and prohibits a lawyer who represents a client in a matter from communicating, either directly or indirectly, about the subject matter of the representation with a person represented by a lawyer in the same matter.
The motion or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing. A copy of the motion or application must be served on all parties that have appeared in the case.
Rule 1.10 - Imputation of Conflicts of Interest: General Rule (a) When lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by RPC 1.7 or RPC 1.9, unless the prohibition is based on a personal interest of the prohibited ...
Rule 4.2 of the Rules of Professional Conduct provides that ?[i]n representing a client, a lawyer shall not communicate about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law ...
These grounds can include, but are not limited to: forum non conveniens, meaning it is more appropriate for another court to hear the case; prior pending action, meaning a case between the parties on the same matter is already happening; or in a medical malpractice case the Certificate of Good Faith not being properly ...