Wednesday, March 7, 2012

Rule 4.2 Violation Draws Sanction, New Trial

The Washington Court of Appeals Division I has ordered a trial de novo in a personal injury matter in which the plaintiff prevaied in mandatory arbitration.

The order was the result of unauthorized communication with a represented party. The court concluded that Rule 4.2 was violated notwithstanding the fact that the defendant initiated the contact. Plaintiff's counsel had the represented party execute a declaration in the matter. He was sanctioned by the trial court and directed to pay $3,000.

The court here declined to disturb the sanction and rejected a variety of challenges to the application of the "no contact" rule.  (Mike Frisch)

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