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Abstract

The ethical considerations faced by the present-day lawyer are far more complex than those faced during the era when the typical client was an individual. A major impetus behind the adoption of the Model Rules and their accompanying comments was a desire to provide guidance to the modern practitioner in a world of intricate relationships and organizational clients. While the Comment to Model Rule 4.2 has succeeded in focusing attention on the issue of the propriety of ex parte contacts with former employees of an organizational client, it has not provided the guidance modern practitioners need. Similarly, the resultant litigation on the issue has failed to reveal any consistent standard by which the propriety of such contacts may be judged.

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