Snider

In this petition for writ of mandate (petition) we are presented with the question whether the trial court properly disqualified Attorney Dale Larabee from representing petitioner David Snider because of his contacts with two employees, one a sales manager and the other a director of production, of respondent Quantum Productions, Inc. The court found that Larabee violated California’s State Bar Rules of Professional Conduct, rule 2-100, which provides in part:

We conclude that there was no violation of rule 2-100 as the contacted employees were not “represented parties” within the scope of that rule as (1) they were not “officer[s], director[s] or managing agent[s]” of the organization; (2) the subject matter of the communications was not an act or omission of the employees that could be binding or imputed to the organization; and (3) they were not employees whose statements might constitute admissions on behalf of the organization. We further conclude that if the employees were subject to rule 2-100, the court still erred in ordering the disqualification of Larabee as the evidence did not show that he had actual knowledge the employees were represented parties.…