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Joint Order of the Appellate Division
The Departments of the Appellate
Division of the Supreme Court, pursuant to the authority invested in
them, do hereby amend, effective December 20, 2012, Rule 4.2 of Part
1200 of Title 22 of the Official Compilation of Codes, Rules and
Regulations of the State of New York, entitled “Rules of
Professional Conduct,” as follows:
Rule 4.2
Communication with Person Represented by Counsel
(c) A lawyer who is acting pro se or
is represented by counsel in a matter is subject to paragraph (a), but
may communicate with a represented person, unless otherwise prohibited
by law and unless the represented person is not legally competent,
provided the lawyer or the lawyer’s counsel gives reasonable
advance notice to the represented person’s counsel that such
communication will be taking place.
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