Monceret vs. The Board of Professional Responsibility

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)(1) 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)(1) 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 the party's lawyer. Accordingly, we affirm the judgment.