Can an attorney really tell a witness not to talk to the other side? Generally, No. Under ABA Model Rule 3.4, a lawyer shall not request a person other than a client to refrain from voluntarily giving relevant information to another party unless: (1) the person is a relative or an employee or other agent of a client; and (2) the lawyer reasonably believes that the person’s interests will not be adversely affected by refraining from giving such information. While ABA Rules are not controlling for California attorneys, I recommend treating this rule as though it were controlling!
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