pmlaw has provided comments to the LSUC’s proposed amendments to Rule 6.03(9) of the Rules of Professional Conduct.  Rule 6.03(9) deals with Communications with Members of Represented and Unrepresented Corporations.

In our view the following issues require the LSUC’s attention and consideration:

• No definition under the proposed Rule 6.03(9) of “persons within a corporation or organization”.
• No guidance or procedural safeguards under Rule 4.03, prior to a legal proceeding being commenced, with respect to interviewing persons formerly or currently within a corporation or organization.
• Insufficient guidance or procedural safeguards under the proposed Rule 6.03(9) with respect to interviewing persons formerly or currently within a corporation or organization after a legal proceeding is commenced.
• No clear definition under the proposed Rule 6.03(9) that “corporation” includes a “municipal corporation”.