CONTACT WITH OPPOSING PARTY REGARDING SETTLEMENT OFFER (July 6, 1992)
A party's lawyer who makes an offer of settlement to the lawyer for the opposing party may not under Model Rule 4.2 inquire of the offeree-party whether the offer has been communicated to the offeree, even if the offeror's lawyer entertains serious doubts that it has been so communicated.
The Model Rules do not, however, forbid the offeror's lawyer, in fulfilling the lawyer's duty to counsel the client, to advise the offeror-client about the latter's ability to communicate on the matter directly with the offeree-party or about the lawyer's views as to the most efficacious method of doing so.
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