In Part I, this article will examine the anti-contact rule, its history, goals, and the path it has taken in the context of prosecutorial contact with represented parties. Part II will discuss the McDade Amendment, its genesis and purpose. Part III will discuss the struggle undertaken by the Department of Justice [hereinafter "DOJ"] as it seeks to exempt its lawyers from the anti-contact rule. Finally, Part IV looks at arguments for and against prosecutorial exemption from the anti-contact rule.
Nina Marino & Richard Kaplan,
McDade Amendment: Moving Towards a Meaningful Limitation on Wrongful Prosecutorial Contact with Represented Parties,
Rich. J. L. & Pub. Int.
Available at: https://scholarship.richmond.edu/pilr/vol4/iss1/4