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LANG v. SUPERIOR COURT

No. 1 CA-SA 91-251.

170 Ariz. 602 (1992)

826 P.2d 1228

Agnes Barbara LANG, an individual, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY Of MARICOPA, Honorable Marilyn A. Riddel, Acting as Judge Thereof, Respondent Judge, EAST VALLEY JEEP/EAGLE, INC., et al., Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

February 27, 1992.

Attorney(s) appearing for the Case

Cheifetz, Pierce, Cochran, Kozak & Mathew, P.C. by Steven W. Cheifetz and Claudio E. Iannitelli, Phoenix, for petitioner.

Holloway, Odegard & Sweeney, P.C. by Paul W. Holloway and Kevin B. Sweeney, Phoenix, for real party in interest.

OPINION

CLABORNE, Judge.

Can a lawyer have ex parte contact with a former employee of an opposing party when the former employer is represented by counsel? This is the ultimate question for us to answer. The trial court concluded such contact violates Ariz.Sup. Ct. Rule 42, Rules of Professional Conduct, Rule 4.2 ("ER 4.2").1 The trial court struck the affidavits of two former East Valley Jeep/Eagle ("East Valley") employees...

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