33Communication with another solicitor’s client

33 Communication with another solicitor’s client

33 Communication with another solicitor’s client

33.1 In representing a client, a solicitor shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another practitioner unless—

33.1.1 the other practitioner has previously consented,

33.1.2 the solicitor believes on reasonable grounds that—

(i) the circumstances are so urgent as to require the solicitor to do so, and

(ii) the communication would not be unfair to the opponent’s client,

33.1.3 the communication is solely to enquire whether the other party or parties to a matter are represented and, if so, by whom, or

33.1.4 there is notice of the solicitor’s intention to communicate with the other party or parties, but the other practitioner has failed, after a reasonable time, to reply and there is a reasonable basis for proceeding with the communication.

rule 33: Am 2022 (34), Sch 1[36]–[39].