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Prime examples of overreaching include assisting the client in securing from the represented person an enforceable obligation, disclosure of confidential information, or admissions against interest without the opportunity to seek the advice of counsel. To prevent such overreaching, a lawyer must, at a minimum, advise her client to encourage the other party to consult with counsel before entering into obligations, making admissions or disclosing confidential information.

ABA Formal. Op. 11-461 at 5.

The extent to which a lawyer may contact current and former employees of a represented organization is a recurring issue that is addressed in paragraph (b). Prior to the adoption of this paragraph, many lawyers struggled with the issue of contacting current 1 employees of a corporate adversary because Louisiana courts had not articulated a bright-line rule. See, e.g. , Jenkins v. Wal-Mart Stores, Inc. , 956 F. Supp. 695 (W.D. La. 1997); In re Shell Oil Refinery , 143 F.R.D. 105 (E.D. La. 1992); see also ABA Model Rules of Prof’l Conduct r. 4.2 cmt. 4 (2002); Restatement (Third) of the Law Governing Lawyers § 100(2) (2000).

In no event, however, may a lawyer seek to communicate with an employee or former employee who is independently represented by counsel. See La. Rules of Prof’l Conduct r. 4.2(a) (2004). Furthermore, in no event may a lawyer seek to obtain from any present or former organizational constituent “information that the lawyer reasonably should know the non-client may not reveal without violating a duty of confidentiality” to the organization. See Restatement (Third) of the Law Governing Lawyers § 102 (2000).

This rule permits a lawyer to contact a person represented by counsel if the lawyer is authorized to do so by law. La. Rules of Prof’l Conduct r. 4.2 (2004). Comment 5 to Model Rule 4.2 states: “Communications authorized by law may include communications by a lawyer on behalf of a client who is exercising a constitutional or other legal right to communicate with the government. SWIMS Mens Classic Penny Loafer Shoes Navy/Green/Gray 30nJB
ABA Model Rules of Prof’l Conduct r. 4.2 cmt. 5 (2002). Although the Louisiana Supreme Court has not spoken on the issue, some courts have held that Model Rule 4.2 does not apply in the context of communications with government officials. See Camden v. Maryland , 910 F. Supp. 1115, 1118 (D. Md. 1996); Cal. R. Prof. Cond. 7-103. The inapplicability of Rule 4.2 in this context stems from the First Amendment right to petition the government for redress of grievances. See U.S. Const. amend. I. See ABA Comm. on Ethics and Prof’l Responsibility, Formal Op. 97-408 (1997).

Note that the Restatement of Law Governing Lawyers does not give blanket approval for all communications with all officials of governmental entities. Rather, the Restatement distinguishes contacts in connection with routine litigation from those in connection with matters raising “an issue of general policy.” Restatement (Third) of the Law Governing Lawyers § 101(2) (2000). As to policy-related issues, the anti-contact rule “does not apply to communications with the agency or the officer in the officer’s official capacity.” Id. § 101 (2000). As to routine, “specific-claim litigation” not involving broad public policy issues, ex parte contact is permissible so long as it does not create an opportunity for substantially unfair advantage against the governmental party. Id. cmt.

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ILO

Sugarcane Worker

©ARTWORKS/ILO

OHCHR

OHCHRurgesall governmentsto fightTrafficking in Persons, both directly—through investigations and prosecutions – and in the deeper sense of serious and sustained efforts at prevention.

©OHCHR

UNODC

UNODC awareness raising inSouth East Asia

©UNODC / Country Office in the Lao People's Democratic Republic

UNHCR

UNHCRdraws attention to the humanitarian consequences of human trafficking and calls for a human rights-based approach, which goes beyond identifying and prosecuting the perpetrators, and includes measures to address the protection needs of the victims.

©UNHCR / K. McKinsey

IOM

IOM assists 1 in 7 victims of trafficking identified worldwide through its counter-trafficking programmes.Since 1997, it has assisted over 85,000 cases.IOM’s approach is based on: respect for human rights; physical, mental and social well-being of the individual;and sustainability.

UNICEF

UNICEF Goodwill Ambassador Jackie Chan watches students perform UNICEF the story "Stranger Danger" which draws attention to the risks of trafficking at a UNICEF-supported special school programme for out of school children in Mandalay.

© UNICEF/MAMA2012-00048/Thame

ICAT is a policy forum mandated by the UN General Assembly to improve coordination among UN agencies and other relevant international organizations to facilitate aholistic and comprehensive approach to preventing and combating trafficking in persons, including protection and support for victims of trafficking.

ICAT functions are: To provide a platform for exchange of information, experiences and good practices on anti-trafficking activities; tosupportthe activities of the UN and other international organizations with the aim of ensuring a full and comprehensive implementation of all international instruments and standards of relevance for the prevention and combating of trafficking in persons and protection of and support for victims of trafficking; to work towards a comprehensive, coordinated and holistic approach to human trafficking, which is gender and age-sensitive and grounded in a human rights based-approach; and topromote effective and efficient use of existing resources, using, to the extent possible, mechanisms already in place at the regional and national level.

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This report provides an overview of ICAT’s accomplishments since it was created a decade ago.

ICAT Expertise and Experience in Countering Trafficking in Persons: An Overview of the Mandate and Activities of ICAT Organizations

This paper provides an up-to-date overview of the mandates of ICAT organizations, reflecting evolutions in their mandates, as well as in the international response to trafficking in persons.

The Role of the Sustainable Development Goals in Combatting Trafficking in Persons

ICAT Issue Brief 05, 04/2018

The Issue Brief looks at the context specifically related to the three Sustainable Development Goal (SDG) targets related to trafficking in persons, Targets 5.2, 8.7, and 16.2.

ICAT is a policy forum mandated by the UN General Assembly to improve coordination among UN agencies and other relevant international organizations to facilitate an holistic and comprehensive approach to preventing and combating trafficking in persons.

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