May a lawyer, individually or through an agent, anonymously contact an alleged anonymous online defamer in order to obtain jurisdictional information sufficient for obtaining a deposition pursuant to Rule 202 of the Texas Rules of Civil Procedure?
A client of a Texas lawyer has been defamed or harassed online by an anonymous party. In preparation for bringing potential claims, the lawyer wishes to conduct a Texas Rule of Civil Procedure 202 deposition but needs to obtain jurisdictional information about the anonymous party first. The lawyer proposes to anonymously contact, or to request that an agent for the lawyer anonymously contact, the party for the purpose of obtaining such information.
Tex. Comm. On Professional Ethics, Op. 671 (2018)