The matter presently before the court in this medical malpractice case
The motion before this court requests names, addresses and telephone numbers of present and former hospital employees. In their brief and at oral argument, plaintiffs advised the court they were narrowing their request to former employees only. The hospital has provided no authority which would prohibit plaintiffs from obtaining this information. Accordingly, the motion to compel will be granted. The hospital will be required to provide plaintiffs’ counsel with the last-known telephone numbers and addresses; the hospital is under no obligation to update the information in its possession, if it has not already done so in preparation of this case.
The motion itself does not address the appropriateness of plaintiffs’ counsel engaging in ex parte communications with former employees of the hospital, yet counsel have both briefed this issue and argued it to the court. Should we decline to address the issue, we have no doubt it will return to us shortly. Therefore, in the interests of judicial economy, we will now consider it.
Despite statements by defense counsel that the law is “exceedingly clear”
“In the case of an organization, this rule prohibits communications by a lawyer for one party concerning the matter in representation with persons having a managerial responsibility on behalf of the organization, and with any other person whose act or omission in connection with that matter may be imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the party of the organization.” (emphasis added)
We first call counsel’s attention to the portion of the preamble to the Rules of Professional Conduct entitled “Scope,” wherein the following is set forth:
“Violation of a rule should not give rise to a cause of action nor should it create any presumption that a legal duty has been breached. The rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to be a basis for civil liability. Furthermore, the purpose of the rules can be subverted when they are invoked by opposing parties as procedural weapons. The fact that a rule is a just basis for a lawyer’s self-assessment, or for sanctioning a lawyer under the administration of a disciplinary authority, does not imply*542 that an antagonist in a collateral proceeding or transaction has standing to seek enforcement of the rule. Accordingly, nothing in the rules should be deemed to augment any. substantive legal duty of lawyers or the extra-disciplinary consequences of violating such a duty.”
Furthermore, “Comments do not add obligations to the rules but provide guidance for practicing in compliance with the rules.” Id. Notwithstanding these restrictions, counsel now asks this court to interpret and apply the comment to Rule 4.2 to this proceeding.
.Rule 4.2 was considered by Judge Wettick in Pritts v. Wendy’s of Greater Pittsburgh Inc., 37 D.&C.4Ü1 158 (C.R Allegheny Cty. 1998). In Pritts, Wendy’s had sought a protective order, to prohibit the defense from conducting ex parte interviews with present and former employees. Wendy’s based its request solely on Rule 4.2 and the accompanying comment. Judge Wettick observed that courts should not interfere with efforts by counsel to interview witnesses except to enforce well-recognized prohibitions. Id. at 161. Acknowledging that the Pennsylvania Supreme Court has ruled that courts may not use the Rules of Professional Conduct to alter substantive law or evidentiary rules, the judge was nevertheless willing to render a decision, finding that a court order based on (disciplinary) Rule 4.2 barring an attorney from communicating with another party who is represented by counsel did not impact on the substantive law and rules of evidence that would govern the litigation. Id. at 162.
Judge Wettick denied the motion for a protective order with respect to both present and former employees. With regard to former employees, Judge Wettick found that neither the text of Rule 4.2 nor its comment specifically referred to former employees and thus did not prohibit ex parte communications with former employees.
In formal opinion 91-359, dated March 22, 1991, the Committee on Ethics and Professional Responsibility of the ABA also indicated that ex parte communications with former employees was acceptable if certain safeguards were observed. These safeguards mirror those set forth in the PBA opinion (discussed supra). The ABA did acknowledge that because an organization necessarily acts through others, the concerns reflected in the comment to Rule 4.2 may survive the termination of the
In the instant case, we understand the hospital’s natural preference that its counsel be present whenever its former employees are contacted by opposing counsel. Nevertheless, there is simply no law or rule under which such contact is prohibited. Absent a violation of the safeguards as set forth, this court has no authority to preclude plaintiffs’ ex parte communications with former employees of the hospital.
ORDER
And now, April 19, 2000, plaintiffs’ motion to compel is hereby granted. The Williamsport Hospital is directed to provide the names and last-known addresses and telephone numbers of former employees to plaintiffs as requested within 20 days of the date of this order.
. The complaint alleges defendants are liable for substandard c.are with respect to Christian A. Wein, who died after a tonsillectomy.
. Both parties have filed briefs in support of their respective positions. Oral argument was held February 14, 2000.
. The motion to compel originally sought addresses and telephone numbers of all “prospective witnesses,” whether current or former employees of the hospital. However, plaintiffs have narrowed the scope of information they seek, asking only that the addresses and telephone numbers of former employees be disclosed. See brief in support of plaintiffs’ motion to compel complete responses p. 2.
. Brief of defendant Williamsport Hospital filed February 4,2000, p. 4; on p. 6, the hospital claims the law is “patently clear.”
. In the case law update to formal opinion 90-142, dated May 1995, the PBA again indicated that ex parte communications with former employees of a company was allowed when the above safeguards were observed.
