Reference no: EM133809686

Question 

Maude, a lawyer, was retained by Anya, who lives in an assisted-living building for elderly persons. Anya noticed that many residents of the building were contracting respiratory infections. Anya also has noticed that the ceiling tiles by some of the air vents in her apartment have turned black, an indicator of mold in the HVAC system. She suspected that Warner Management, Inc., which was managing the building, was cutting costs, and had not been servicing the air conditioning and heating systems often enough. Regular servicing and changing the filters quarterly is necessary to maintain clean indoor air. Maude wants to question Xavier, the Warner employee who services the heating and air conditioning systems and changes the filters at Anya's building. Under the substantive law of the jurisdiction, if Xavier reveals that he failed to service the system or change the filters regularly, Warner Management could be liable for his negligence on the theory of respondeat superior. Maude knows that Warner is represented by attorney Peter in all matters related to Anya's building. Maude is planning to tell Xavier that she represents Anya but is not planning to tell him that he has a right to consult with counsel of his choice. Also, she does not plan to ask Peter's permission to question Xavier, or even to notify Peter that she is interviewing him. May she question Xavier without getting Peter's permission?