can an attorney discuss a case with another attorney who is not on the case

Sure - an attorney can discuss the particulars of your case with ANYONE, as long as YOUR IDENTIFYING bits are not disclosed. It all boils down to the particular practices of **that** attorney. My lawyers talk with me all the time about their cases, without telling me WHO they are talking about.

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What to do if your attorney is not being explained to you?

 · Sometimes attorneys like to bounce ideas for strategy off of one another or discuss the law/case in other ways. So it may or may not have been a breach. This is not legal advice nor does it create an attorney-client relationship. This is …

Can any lawyer handle any problem?

 · Posted on Sep 26, 2010 He should not have discussed your case with anyone who is not in his employee, as this violates the attorney-client privilege, as well as your privacy. It is not uncommon for lawyers to talk about their cases as "war stories," but ethical lawyers always leave out any information by which their clients can be identified.

Can a lawyer keep a case from being decided by Judge?

A lawyer in those circumstances who wants to be careful and discuss the case with another lawyer not in her firm will be careful to keep the client’s identity masked just as they would do in talking about the case, if they do, to a non-lawyer.

When should you call a lawyer for a dispute?

There are times in life when self-reflection is needed, and this might be one of them. Keep in mind that there’s a difference between a lawyer dropping your case because he’s overworked and a lawyer firing you mid-case without notice. An attorney cannot abandon a client right before a court date, for example, unless the withdrawal will not ...

Can my lawyer talk to the other lawyer?

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. Rule 2-100 defines “party” broadly.

Can I communicate with opposing counsel?

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.

Should a lawyer communicate with another party whom the lawyer knows is represented by counsel?

(a) In representing a client, a lawyer shall not communicate directly or indirectly about the subject of the representation with a person* the lawyer knows* to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer.

What makes a conflict of interest for an attorney?

[8] Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer's other responsibilities or interests.

Can a lawyer contact the other party?

The Code of Conduct states that lawyers must not communicate with the court unless the other parties or their counsel are present or have had reasonable prior notice (Rule 5.1-1). Ex parte applications and communications should occur only in exceptional cases.

How do you deal with aggressive opposing counsel?

8 Tips for Dealing with Difficult Opposing CounselPoint out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.

Why is Rule 4.2 important?

This Rule contributes to the proper functioning of the legal system by protecting a person who has chosen to be represented by a lawyer in a matter against possible overreaching by other lawyers who are participating in the matter.

What is the no contact rule in law?

According to Charles W. Wolfram's “Modern Legal Ethics,” the no contact rule, as a general proposition, prohibits a lawyer who is representing a client from contacting a party known to be represented by another party. The no contact rule first found its way into the American Bar Association's canons of ethics in 1908.

Can litigants contact each other?

In general, parties to a matter in litigation are free to communicate directly with each other. One rationale is that parties have a right to settle their disputes without the involvement or consent of their lawyers.

What are some examples of conflicts of interest?

Examples of Conflicts of Interest At WorkHiring an unqualified relative to provide services your company needs.Starting a company that provides services similar to your full-time employer.Failing to disclose that you're related to a job candidate the company is considering hiring.More items...

What qualifies as a conflict of interest?

What is a Conflict of Interest? A conflict of interest occurs when an individual's personal interests – family, friendships, financial, or social factors – could compromise his or her judgment, decisions, or actions in the workplace. Government agencies take conflicts of interest so seriously that they are regulated.

How do you prove conflict of interest?

A conflict of interest exists if a legislator has any interest or engages in any business, transaction, or professional activity, or incurs any obligation, which is in substantial conflict with the proper discharge of his or her duties in the public interest.

2 attorney answers

No. Your conversations and information related to your case are attorney-client privileged, other than documents that were filed in public records (at the courthouse). Contact the State Bar of Texas is you want to file a complaint. More

Susan Pernick

He should not have discussed your case with anyone who is not in his employee, as this violates the attorney-client privilege, as well as your privacy. It is not uncommon for lawyers to talk about their cases as "war stories," but ethical lawyers always leave out any information by which their clients can be identified...

Why do lawyers ask clients to share information?

It’s common practice, and often mutually beneficial, for lawyers to ask certain clients to let them share some information on past cases for limited advertisement purposes.

Why do lawyers yell at people?

Yelling at a person whose life is in chaos isn’t helpful and it certainly isn’t going to help your working relationship with them. Not all lawyers are able to separate their emotions from their clients’ emotions. This is why drug use, drinking, gambling and other damaging addictions are so prevalent in lawyers.

What does "war stories" mean in law?

Many lawyers tell “war stories” meaning we talk about past experiences we have had representing clients. And we are al

Why do new attorneys incur additional costs?

On the defense side, the new attorney may incur additional costs coming up to speed and potentially re-doing work already done or not using the work already done because a different strategy is being chosen. Before discharging your lawyer, take the time to examine costs of doing so.

Can you masked a client without their permission?

I suppose you mean, without getting the client’s permission. The ethical rules of most states would probably allow this as long as the identity of the client was genuinely masked, not merely not identifying the client specifically, but not giving identifying information from which the client’s identity could be guessed. It is a tricky area though.

Can a lawyer discuss a client's case with a third lawyer?

Some lawyers include a clause in their contracts saying that they may discuss the client’s case with a third lawyer at no expense to the client, and explain to the client what that means, giving the client the opportunity to reject the clause.

Can an attorney speak to a person without their permission?

In the real word, clients are often advised by their attorneys not to speak to certain people, like opposing parties or potential witnesses, and if an attorney knows a person is represented by an attorney, the rules of legal ethics forbid speaking to that person without the permission of the other attorney.

What to do if you are not comfortable with your attorney?

If you’re not comfortable with your attorney, you can choose to let him go and forward your files to another lawyer. You don’t trust your attorney. The attorney-client relationship is built upon mutual trust, so if that fundamental principle has eroded, then you have to reevaluate.

What can an unbiased attorney do?

She’s handled these types of cases before, so she will know if your lawyer’s behavior is unusual. Furthermore, she can review the way your attorney has handled the case and offer her advice.

How to terminate a professional relationship with a lawyer?

It’s best to do this in a professional letter sent via certified mail because it ensures that your attorney receives the document and reads it. Make sure to include the contact information for your new attorney so that your documents can be forwarded.

Do you have to pay out of pocket for an attorney?

Your attorney will need to be compensated for his out-of-pocket costs before you leave, and that will be paid out of your pocket.

Is a solo attorney overworked?

He’s overworked. If he’s a solo or small-firm attorney, he might be buried under a huge number of cases and could have overestimated his ability to take on new clients.

Is an attorney bad at breakups?

Attorneys, like everyone else, are bad at breakups.

Do you get your money back if you leave your attorney?

Your attorney will need to be compensated for his out-of-pocket costs before you leave, and that will be paid out of your pocket. Remember, you haven’t gotten a settlement yet, so there’s no guarantee you will ever get that money back.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Is divorce hard?

It’s not as hard as you might think, according to attorney Randall M. Kessler, author of Divorce: Protect Yourself, Your Kids and Your Future. “Shop around and trust your instincts,” he advises. “Does the lawyer listen to you? Do they explain things in a way you can understand? And are they willing to discuss fees and costs? The person you hire will need to be someone you trust and believe in, so be sure you feel very good about them from the start.”

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

What is the relationship between a lawyer and a client?

The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged, or confidential. This means that lawyers cannot reveal clients' oral or written statements (nor lawyers' own statements to clients) to anyone, including prosecutors, employers, friends, or family members, ...

What happens if you bring a stranger into a meeting?

Defendants who bring strangers (people who are not part of the attorney-client relationship) into a meeting risk losing the right to claim that the meeting was confidential. This means that the D.A. might be able to ask the stranger or even the defendant about what was said during the meeting.

What does Heidi tell her lawyer about the drugs?

Heidi tells her lawyer that the drugs belonged to her , and that she bought them for the first time during a period of great stress in her life, just after she lost her job. Heidi authorizes her lawyer to reveal this information to the D.A., hoping to achieve a favorable plea bargain.

Do defendants want their parents to be present?

For perfectly understandable reasons, defendants sometimes want their parents, spouses, or friends to be present when they consult with their lawyers. Does that mean that the conversation won't be considered confidential?

Can a prisoner testify to a lawyer?

If a jailer monitors a phone call and overhears a prisoner make a damaging admission to the prisoner's lawyer, the jailer can probably testify to the defendant's statement in court.

Is a lawyer's client's testimony confidential?

Can they testify to what you said? Yes. Lawyer-client communications are confidential only if they are made in a context where it would be reasonable to expect that they would remain confidential. ( Katz v. U.S., 389 U.S. 347 (1967).) A defendant who talks to a lawyer in such a loud voice that others overhear what is said has no reasonable expectation of privacy and thus waives (gives up) the privilege. Similarly, people who talk about their cases on cell phones in public places risk losing confidentiality.