What is required before a lawyer can communicate with a person known to be represented by another lawyer?

A lawyer must obtain consent from the other lawyer before communicating with a person who is known to be represented by that lawyer. This requirement protects the integrity of the attorney-client relationship and ensures that the representation of the person is respected. The Model Rules of Professional Conduct emphasize that engaging in direct communication with someone who is already represented can undermine the represented party’s legal interests and breach the ethical obligations owed to both clients and opposing counsel.

This rule serves as a key safeguard against potential conflicts and helps to foster a fair and just legal process. It acknowledges the importance of maintaining respectful and ethically sound communications between parties within the legal system. Without this consent, a lawyer could inadvertently interfere with the other lawyer's representation, which could lead to ethical violations.

In the other choices, waiting for both parties to agree could lead to ambiguity and does not uphold the established protocol. Filing a motion with the court is unnecessary in this context and could complicate matters further, while asking the represented person if they want legal advice does not address the ethical obligation to first communicate with their lawyer.