The Court of Appeals of Louisiana, Third Circuit, recently decided a case involving the question of whether plaintiffs lawyers could communicate with a town councilmember without consent from the town's lawyer. The case arose when the Mayor fired two police employees and the issue was brought to the Council. The Council met in two executive sessions but without result. The Plaintiffs' attorney secured an affidavit from one of the councilmember for use in the litigation. Objections were made and the lower court excluded the affidavit. Prohibited both Plaintiffs and Defense counsel from discussing the case with the councilmembers and allowed the Plaintiffs' lawyer to speak with the Police Chief a putative plaintiff. The Court of Appeals affirmed the action to exclude the affidavit and to prohibit Plaintiffs' counsel from discussing the case with councilmembers, but reversed the decision to prohibit defense counsel from speaking with the councilmembers. The court discussed representation of the organization and who is within the protection of Rule 4.2. Fisher v. Town of Boyce, 17-470 ( La. App. 3 Cir 09/06/17) Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required) To register, go to: http://imla.org/events/conferences#registration IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC