David Inlander and Ronald Menna, Jr. share insights on the ABA Model and Illinois Rule of Professional Conduct 4.2 in the context of “reply all” email responses in the September 2021 edition of the Illinois State Bar Association’s Bench & Bar section newsletter.
In “Ethical Practices in the Email Age: Rule of Professional Conduct 4.2 and ‘Reply All’ Emails,” David and Ron discuss how “reply all” emails relate to the Rule of Professional Conduct 4.2, which prohibits an attorney from communicating with a represented client directly unless he or she receives consent from the opposing client’s lawyer.
The New Jersey Supreme Court’s Advisory Committee on Professional Ethics recently opined on this topic and concluded attorneys are allowed to “reply all” to an email from their opposing attorney with the opposing client cc’ed without violating Rule 4.2. However, the majority of states analyzing this issue hold that “replying all” is a breach of Rule 4.2. As such, David and Ron recommend not including one’s client on emails to the opposing counsel and instead suggest sending a separate email to clients to eliminate “reply all” as a factor and to avoid potentially disclosing confidences altogether.
Read the full article here.
David is an accomplished family law attorney with a focus on high-end complex matrimonial mediation. As one of Chicago’s most sought-after mediators, he regularly guides challenging cases to equitable resolutions by drawing on his 45 years of experience as a leading litigator in both state and federal courts.
Ron’s practice is primarily focused on civil appeals, commercial litigation, guardianship and chancery actions. With his extensive experience in state and federal courts, Ron advocates for both companies and individuals as they face various business problems including breaches of contract, partnership disputes and seeking or preventing injunctions.