A new ethics opinion from New Jersey turns the concept of “implied consent” under ABA Model Rule 4.2 on its head.

The March 10, 2021 Ethics Opinion from New Jersey -

A recent opinion from the New Jersey Advisory Committee on Professional Ethics, Opinion 739, concludes that “lawyers who initiate a group email and find it convenient to include their client should not then be able to claim an ethics violation if opposing counsel uses a ‘reply all’ response.” In relieving the recipient lawyer of the responsibility to assess whether a “reply all” includes adverse, represented parties, which would potentially violate ABA Model Rule 4.2, (the “no contact” rule), the New Jersey opinion expresses concern over “gotcha” moments and “ethics traps” between lawyers.

Originally published by the American Bar Association on May 06, 2021.