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Rule 4.2

Two dozen passengers were injured when a harbor ferry struck a pier, and 14 of them sued the ferry line, which is defended by its longtime outside counsel. Attorney represents those 14. Attorney wants an hour with the deckhand who was working the bow line that morning. In its answer the ferry line told the court that the deckhand's handling of the bow line, if faulty, is conduct for which the company answers in damages. The deckhand still works the morning run, has hired no lawyer of his own, and telephoned Attorney to offer his account of the docking. Attorney has arranged to meet him at a coffee shop near the terminal and to ask how the line was made fast. Is it proper for Attorney to interview the deckhand?

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