attorney consultation for someone who is represented

A lawyer may give a second opinion to a person who is represented by counsel on how the person’s current lawyer is handling the case or give information on the services the lawyer may provide. The lawyer should not solicit the person who is represented.

Full Answer

Can a lawyer talk to a client who is represented?

Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make. Also, a lawyer having independent justification or legal authorization for communicating with a represented person is permitted to do so.

When is a consultation with a lawyer privileged?

Jun 01, 2017 · Professional ethics Attorney-client privilege. Hello everyone and welcome to this Ethics Alert which will discuss the lawyer’s ethical duties and responsibilities when a represented person contacts the lawyer to obtain a second opinion. Although a lawyer is permitted to render a second opinion to a represented person who initiates the contact with the lawyer, there are …

Are free consultations with a criminal defense attorney protected?

Aug 16, 2018 · For example, a consultation is likely to have occurred if a lawyer, either in person or through the lawyer’s advertising in any medium, specifically requests or invites the submission of information about a potential representation without clear and reasonably understandable warnings and cautionary statements that limit the lawyer’s obligations, and a …

Can a Lawyer consult a prospective client for free?

Rule 2-100 Communication With a Represented Party (A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

When you can contact others who are or were represented by counsel?

California Rule of Professional Conduct 2-100(A) prohibits a lawyer from communicating about a matter with a party known to be represented by a lawyer without the prior consent of that lawyer.Sep 26, 2016

Can represented clients talk to each other?

Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client concerning a communication that the client is legally entitled to make. ... Consent of the organization's lawyer is not required for communication with a former constituent.

What are some of the important things that an attorney should do when first considering representation of a client?

In order to determine whether an attorney may represent a potential new client or an existing client in a new matter, the attorney must (1) identify the client; (2) determine whether a conflict exists; (3) decide if representation could be undertaken despite the conflict; and, (4) get consent from all clients involved ...Jan 31, 2008

Are free consultations privileged?

In general, as long as the prospective client is seeking legal advice or representation and reasonably believes the communication will be confidential, the consultation is privileged. This is so even if the would-be client never pays or hires the attorney.

What is it called when a defendant represents himself?

Judges and lawyers typically refer to defendants who represent themselves with the terms "pro se" (pronounced pro say) or "pro per." Both come from Latin and essentially mean "for one's own person."

What is a represented party?

Represented Party means any person who is known to the applicant, after diligent search, to own an interest within the area of, or proximate to, the tracts directly affected by the application and who is also known to have either a consultant or attorney representing him in conservation matters.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What happens at first lawyer consultation?

During your first consultation, we will listen to what you want, make recommendations on how best to approach your matter, and give advice on how to achieve the best outcome – whether it be by way of a negotiated settlement, mediation or litigation.

What are some questions an attorney might ask a new client?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?Nov 28, 2019

Is a conversation with a lawyer confidential?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must keep private almost all information related to representation of the client, even if that information didn't come from the client.

Are consults with lawyers confidential?

Is a Consultation With a Lawyer Confidential? Yes. A lawyer is professionally obligated not to disclose any details from your consultation. This privilege exists even if you choose not to hire the lawyer to represent you.Nov 17, 2020

What makes an attorney-client relationship?

The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.