Rigby, ID asked in Civil Litigation for Idaho

Q: I am an unrepresented. No action filed. Can I cc the opposing party with a letter being sent to that party's attorney?

In a matter where no action has yet been filed in court, I am unrepresented, and the opposing party is represented by an attorney. I am about to send my final demand for resolution to the attorney. Is there any law that prohibits me from sending a copy of my written demand for resolution directly to the opposing party in the form of a cc? i.e. My letter would be addressed to the attorney, as I am responding to the attorney's comments from his previous letter, however, I want the opposing party to also receive the letter.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Yes, it is unethical to communicate with a party who is represented by counsel. Representing yourself, you are held to the same standards of conduct as any other attorney would.

Idaho Rule of Professional Conduct 4.2 states:



In representing a client, a lawyer shall not communicate about

the subject of the representation with a person the lawyer

knows to be represented by another lawyer in the matter,

unless the lawyer has the consent of the other lawyer or is

authorized to do so by law or a court order.

The commentary to this rule explains why it would apply to you as an unrepresented party:


[1] This Rule contributes to the proper functioning of the legal system by protecting a person who has chosen to be represented by a lawyer in a matter against possible overreaching by other lawyers who are participating in the matter, interference by those lawyers with the client-lawyer relationship and the uncounselled disclosure of information relating to the representation.

[2] This Rule applies to communications with any person who is represented by counsel concerning the matter to which the communication relates.

[3] The Rule applies even though the represented person initiates or consents to the communication. A lawyer must immediately terminate communication with a person if, after

commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this Rule.

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