Monceret v. Board of Professional Responsibility

OPINION

in which DROWOTA, BIRCH, BARKER, and HOLDER, JJ., joined.

This is an appeal from the Knox County Chancery Court, which affirmed a hearing panel’s ruling that the appellant violated Tenn.R .Sup.Ct. 8, DR 7-104(A)(l) by deposing a witness that he knew to be represented by counsel. We hold that the chancery court correctly determined that the term “party” used in DR 7-104(A)(l) is not limited to the named plaintiff or defendant in a lawsuit and may also include a witness who is represented by counsel. We further hold that the protection of the Rule cannot be waived by the party but only by…