“Substantial Risk” Violates Unauthorized Communication Rule

An attorney who provided revisions to a settlement agreement to his client in a divorce case with the expectation that the client would deliver the agreement directly to the opposing party has been publicly censured by the Wyoming Supreme Court.

The court found (and the attorney acknowledged) that he violated the unauthorized communication with a represented party. The attorney “knew or should have known that there was a substantial risk that [his client] would deliver [the documents] to the husband, whom [he] knew was being represented by counsel.”

The attorney also engaged in conduct prejudicial to the administration of justice by filing the documents after he had told opposing counsel he would not do so. (Mike Frisch)