This opinion addresses the question of whether plaintiff's lawyer may communicate with the insurance company or its adjuster without the prior consent of defendant's lawyer, even if the adjuster initiates the communication. This opinion does not address the conduct of non-lawyers nor does it attempt to deal with the broad spectrum of investigative and adjustment practices within the insurance industry. References herein to plaintiff's or defendant's lawyer include all persons or entities of adverse interest and not merely litigants. It is the unanimous view of the other state bar associations which have addressed the same question that if plaintiff's lawyer knows that defendant is represented by counsel, plaintiff's lawyer must receive the prior consent of defendant's counsel before communicating with defendant's insurance adjuster. The ABA Committee even suggested that defense counsel's consent should be obtained in writing before plaintiff's lawyer begins communication with the adjuster.
Courts agree with the unanimous opinion of the bar associations.
Two cases are found dealing with the fact situation presented. When a plaintiff's lawyer knows that the defendant is represented in the matter, that lawyer should obtain the prior consent of the defendant's lawyer before participating in any communication with the defendant's insurance adjuster regarding that matter. CBA Ethics Comm., Formal Op.