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Attorney Can’t Send Letter To Directors Represented by Counsel

Attorney Can’t Send Letter To Directors Represented by Counsel

Attorney Can’t Send Letter To Directors Represented by Counsel

Sending agency’s board a claim letter violates Rule 4.2 of the Rules of Professional Conduct
An attorney suing a nonprofit agency for the wrongful discharge of his client may not send a claim notice to the entire board of the agency asserting that they could be personally liable for a “false and libelous” counterclaim filed “with malice” against his client. An appellate court in Connecticut has affirmed a protective order issued by the trial judge preventing the lawyer from having further contact with the directors without the consent of their lawyer. ( Sowell v. DiCara , App. Ct. of CT, No. 36921, 11/10/15. ) Julie Sowell, the clinical director of Southbury-Middlebury Youth and Family Services, filed suit for wrongful discharge in the summer of 2013. The defendants, which were the...

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