The prohibition on communications with a represented

person only applies in circumstances where the lawyer knows that the person is in fact represented in the matter to be discussed. This means that the lawyer has actual knowledge of the fact of the representation; but such actual knowledge may be inferred from the circumstances. See Rule 9.1(h). In the event lawyer communicates is not known to be represented by counsel in the matter, the lawyer’s communications are subject to Rule 4.3. the person with whom the