In some claims, a claimant is represented by an attorney. When I know that the party is represented, I request that the claimant communicate with me through the attorney or that the attorney permit me to deal directly with the claimant. I may be acting in the role of the Receiver, but, also, I am an attorney. I am subject to the Virginia Rules of Professional Conduct, specifically, Rule 4.2 of the Rules. As a receiver, I am not representing a client, I am a neutral and I do not provide legal advice. I will follow Rule 4.2, which states "[i]n 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 by law to do so.” I do not do this to burden anyone or cause a needless expense. Rule 4.2 was clarified by the State Bar in a Legal Ethics Opinion 1890, which was adopted by the Supreme Court of Virginia on January 9, 2020 and which can be found on the Virginia State Bar’s web site. I also consider myself to be an “arm of the Court” and it is universally the practice of court not to communicate with a represented party except through the party’s attorney.
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