To my Friends and Fellow Officers of the Court:
I will be brief because the attached Attorney General Opinon, RO-2003-03 speaks for itself.
As you know, Ala. R. Pro. Cond. 4.2 prohibits any communication with another party, if that party is represented by counsel. There are two exceptions to that rule: “unless the lawyer has the consent of the lawyer or is authorized by law to do so.” In that analysis, if the other party is a government actor, you are authorized by law to communcate with that government actor, without their attorney present.
By way of teaser to the attached AG Opinion, this right to communicate with a DHR Case Worker flows directly out of the First Amendment to the United States Constitution.
In other words, you and your client have a First Amendment right to communicate with a DHR Case Worker – without Rule 4.2’s restraint on communication.
May you live at peace with the State as far as it depends on you.
S.J. McLure, Esq.