Legal Question in Business Law in Massachusetts

Re: legal ethics

This question indicates a confusion between attorney ethical rules and principles of contract law. The pattern described, with its embedded violation of Rule 4.2, gives rise to possible Bar discipline and also a possible claim by Client of Atty A for malpractice. However, Client B has no rights against Atty A, nor does Atty A's ethical violation constitute legal cause per se for a court to relieve Client B of its obligations. The fact pattern would have to fit into one of the established defenses (e.g., fraud in the inducement, material misrepresentation of fact, mutual mistake).

That said, a court is likely to take a very dim view of Atty B's conduct and, particularly if Client B knew of the breach of conduct, thus be inclined to stretch any available legal doctrine to reach a result that it considers just.

Best wishes,

LDWG

Re: legal ethics

If Atty B is still representing the client, A cannot contact this client. THis situation is odd, and it is peculiar client B would confer with Atty A.

Re: legal ethics

The Massachusetts Rules of Professional Conduct 4.2 provides that an attorney may not contact a person whom the lawyer knows is represented by another attorney unless the client consents or when authorized by law.