The American Bar Association (ABA) Standing Committee of Ethics and Professional Responsibility recently released an opinion on lawyers using the 'reply all' function when the opposing lawyers' client is copied on the email.
There has been a question in the past of whether or not using the 'reply all' function to an email from opposing lawyers when their client is copied would break Rule 4.2. The ABA's recent opinion decides that using 'reply all' is permitted and does not violate the rule even if the other firm's client is included in the email conversation.
ABA Model Rule 4.2 states, "In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order."
The ABA committee explains that when a lawyer sends an email to opposing counsel and copies their client, they are implying that they give consent for the other lawyer to 'reply all' to the email or other form of electronic communication.
To read more about this opinion or Rule 4.2, click here to read the ABA's article.
