Legal Question in Civil Litigation in California

It is not illegal.

While not illegal (you can't be sued for it), it is improper. If a person or company is represented by counsel, their counsel should be the person to whom the unrepresented party communicates.

Mr. Selik is correct, and I completely disagree with Ms. Karila. The rule about contact with represented parties is a Rule of Professional Conduct for lawyers. It exists to protect lay people from being taken advantage by opposing lawyers. Obviously you can't prohibit a lawyer from contacting an UN-represented party or there could be no communication between the two sides of the case, but we are prohibited from contacting parties who are wise enough to hire another attorney to deal with us on a level playing field. There is no rule of any such kind that applies to parties to the case. Communication between parties is a RIGHT. In fact an attorney who is a party to a case, whether self-represented or not, is also free to communicate with any other party to the case, represented or not. The State Bar commentary on the rule specifically states: "Such a member has independent rights as a party which should not be abrogated because of his or her professional status." The rule ONLY applies to attorneys who are representing clients communicating with parties represented by other attorneys. Ms. Karila needs to take a look at Rule 2-100 and the official comments with it.

I agree with Mr. McCormick. Parties can always speak to one other, whether they are represented or not.