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The reason for this rule is so that people who are represented by lawyers get the benefit of that representation by prohibiting other lawyers or opposing parties from going behind the attorney's back and frightening the opposing party or trying to coerce that party into making secret deals or disclose sensitive information they are otherwise not required to disclose and wouldn't disclose but for the advice of counsel.

Full Answer

Can I have more than one lawyer represent me in court?

Anybody can have more than one lawyer represent them in an action. It happens frequently. However, as a general rule, they all must be listed on each pleading that is filed. If there appears to be inconsistencies, your attorney should consider bringing it to the attention of the judge on the case.

Can a lawyer communicate with a represented person without a client?

Nor does this Rule preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter. A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a).

When does a lawyer have actual knowledge of a representation?

[8] The prohibition on communications with a represented person only applies in circumstances where the lawyer knows that the person is in fact represented in the matter to be discussed. This means that the lawyer has actual knowledge of the fact of the representation; but such actual knowledge may be inferred from the circumstances.

Can two law firms work together to represent a client?

The two firms can work together - as they have, apparently, here. Both motions would likely be valid. * This will flag comments for moderators to take action. I have no opinion on the validity of their motions, but I am not aware of any rule that says only one lawyer can represent a client.

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

Can a lawyer request a court order?

Can a lawyer make a communication prohibited by this rule?

Is consent required for a lawyer to communicate with a former constituent?

Can a lawyer evade the requirement of obtaining the consent of counsel by closing eyes to the obvious?

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About this website

What does it mean to be represented by counsel?

This means that the lawyer has actual knowledge of the fact of the representation; but such actual knowledge may be inferred from the circumstances.

What are some ethical issues faced by defense attorneys?

Basic Ethical Issues for Defense AttorneysAttorney-client privilege. This is where the thorniest ethical issues can start. ... Who to defend? Attorney-client privilege is pretty cut-and-dried. ... A zealous defense. ... A necessary role.

What is the most common reason for an attorney to be disciplined?

Professional misconduct is the most common reason for attorney discipline. Lawyers can also be disciplined for conduct in their personal lives.

What is an example of a conflict of interest in law?

An example would be a minor who needs representation and whose fees are being paid for by their parents. If the parents feel that they are entitled to privileged communication, or that they have the right to direct the attorney in the proceedings, this would be a conflict of interest.

What factors would hinder a defense attorney from effectively representing their clients?

The Challenges of Defense Attorney CareersNegative Public Perception. Media coverage of crimes and suspects poses challenges for defense attorneys. ... Difficult Clients. Challenging clients and their families are often more taxing than public misconceptions, though. ... Limited Time and Resources. ... Job Pressure and Stress.

What are considered ethical issues?

The most commonly experienced ethical issues include discrimination, harassment, unethical accounting, technological abuse, data privacy, health and safety, and favoritism and nepotism. Most of these concerns are experienced in workplaces.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is a sanction in court?

(1) "Sanctions" means a monetary fine or penalty ordered by the court. (2) "Person" means a party, a party's attorney, a law firm, a witness, or any other individual or entity whose consent is necessary for the disposition of the case. (c) Sanctions imposed on a person.

Who is responsible for discipline?

3.1 The discipline master/mistress is the leader of the school discipline team. He/She is in charge of the planning, organization, development and monitoring of matters relating to student discipline at school.

What are the 4 things to consider you have conflict of interest?

Conflict of InterestContractual or legal obligations (to business partners, vendors, employees, employer, etc.)Loyalty to family and friends.Fiduciary duties.Professional duties.Business interests.

What are the 3 types of conflict of interest?

Part 3: Different types of conflicts of interestfinancial conflict;non-financial conflict;conflict of roles; or.predetermination.

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.

Why is ethical behavior of particular importance when it comes to law enforcement?

Ethical behavior in law enforcement is very important and a must to continue to maintain the standards of the profession. Those individuals who dream of becoming a law enforcement officer need to ensure their values and morals are maintained throughout their journey.

Is criminal law stressful?

The complexity of criminal cases prove to be strenuous and taxing. Criminal defense lawyers face immense stress during legal proceedings and in the events leading up to these. Some people have given defense attorneys a nasty reputation of being dishonest, which can affect them in more ways than they may know.

Does exculpatory evidence mean?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant. See also Brady Rule.

Rule 4.2: Communication with Person Represented by Counsel

Transactions With Persons Other Than Clients. In representing a client, a lawyer shall not communicate 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 or is authorized to do so by law or a court order.

RPC 4.2 COMMUNICATION WITH PERSON REPRESENTED BY A LAWYER Comment

is governed by RPC 4.3 and RPC 4.4. For special considerations that may arise when a lawyer deals with a person who is assisted by an LLLT, see Rule 4.4 Comment [5].

Rule 4.2 Communication with Person Represented by Counsel Guidance ...

MARYLAND STATE BAR ASSOCIATION, INC. COMMITTEE ON ETHICS. ETHICS DOCKET NO. 2017-02. Rule 4.2 Communication with Person Represented by Counsel Guidance

Rule 4.2 Communication with a Represented Person* (Rule ... - California

1 Rule 4.2 Communication with a Represented Person* (Rule Approved by the Supreme Court, Effective November 1, 2018) (a) In representing a client, a lawyer shall not communicate directly or indirectly

Rule 4.3: Dealing with Unrepresented Person - American Bar Association

Transactions With Persons Other Than Clients | In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the ...

Rule 4.2 Communication with Person Represented by Counsel | North ...

Rule 4.2 Communication with Person Represented by Counsel (a) During the representation of a client, a lawyer shall not communicate 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 or is authorized to do so by law or a court order.

What is the rule for representing a client?

In representing a client, a lawyer shall not communicate 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 or is authorized to do so by law or a court order.

What is a statement taken from defendant without notice to attorney?

- Where the prosecuting attorney obtained defendant's statement without informing defendant's attorney of the impending interview and thus giving the attorney a reasonable opportunity to be present at the interview was unethical conduct by the prosecution.

Can an attorney represent a corporation?

Except for persons having a managerial responsibility on behalf of the organization, an attorney is not prohibited from communicating directly with employees of a corporation, partnership or other entity about the subject matter of the representation even though the corporation, partnership or entity itself is represented by counsel .

What to do if you don't understand your attorney?

If you do not understand your attorneys advice, request clarification. If you do not trust the advice your attorney is giving you, tell your attorney and if you are unsatisfied with their response, get a new attorney. You would not be the first person who has tried to make a behind the scenes deal and cut the attorneys out of the process--once your attorney finds out, be prepared for your attorney to drop you as...

Is Benjamin Andrews a lawyer?

Benjamin Andrews is licensed to practice in Virginia only. The preceding is for information only and should not be construed as legal advice . Always call a lawyer directly for advice.

Can you speak to the other party?

You can speak with the other party if the other party wishes to speak with you. However, follow your own attorneys advice. He or she may have a reason for you not doing so.

What happens if you contact a represented party's agent?

While a represented party’s agents might have important facts you will want to discover, improper contact can have significant consequences, including disciplinary action and disqualification in a case. Accordingly, attorneys should understand Rules Prof. Conduct, rule 2-100, as well as the Snider case, before conducting any interviews.

Which rule governs communications with opposing party agents?

Communications with an opposing party’s agents are governed by Rules Prof. Conduct, rule 2-100, which states in pertinent part as follows:

What was the Snider court finding?

Finding for the plaintiff, the Snider court determined there was no evidence that the subject matter of the contacts with the employees concerned an act or omission of that employee in connection with the case at issue. ( Snider v. Superior Court, supra, 113 Cal.App.4th at 1210.) Plaintiff’s attorney did not even speak with one of the employees about the case and, as to the other employee, the interview did not concern the employee’s actions or omissions regarding the dispute – only her knowledge of events surrounding it. ( Id. at 1196 and 1210.) Moreover, the court found neither of the employees’ statements could constitute a party admission because the employees were not “high-ranking executives and spokespersons” with the authority to speak on behalf of the company. ( Id. at 1210.)

What is the issue in Snider v. Superior Court?

Superior Court (2003) 113 Cal.App.4th 1187, the California Court of Appeal addressed the issue of whether defendant’s attorney should be disqualified for contacting two of plaintiff’s employees. ( Id. at 1192.) Plaintiff admitted the employees were not officers or directors; accordingly, the first issue (as it will be in most cases) was whether the employees were managing agents. ( Id. at 1207.)

How to find the identity of an opposing party?

There are a variety of methods to discover the identity and contact information of an opposing party’s employees, officers, directors, etc., including propounding Judicial Council form interrogatories. This article addresses the ethical rule governing contacting those people.

What is witness interview?

Witness Interviews. There are a variety of methods to discover the identity and contact information of an opposing party’s employees, officers, directors, etc. , including propounding Judicial Council form interrogatories. This article addresses the ethical rule governing contacting those people.

Can attorneys contact employees of a represented organization?

The Snider court rejected the defendant’s argument that attorneys should be prohibited from contacting any employees of a represented organization . ( Snider v. Superior Court, supra, 113 Cal.App.4th at 1211.) However, the court provided important guidelines for contacting a represented party’s employees.

What is Ontiveros v Constable?

App. LEXIS 188 (Cal. Ct. App. 2016) involved a derivative suit initiated by a minority shareholder against the majority shareholder and his spouse. After some discovery battles and two amended complaints, the shareholder sought to disqualify the corporation's counsel from representing both the corporation and the individual defendants. The trial disqualified the counsel from representing the corporation and the individual defendants. The Court of Appeal affirmed the disqualification as to the corporation but not the individual defendants.

Can you represent more than one client?

That rule prohibits a member , without the informed written consent of each client, from accepting or continuing representation of more than one client in a matter in which the interests of the clients actually conflict.

Who pays the lawyer to represent you?

The insurance company pays the lawyer to represent you, the client. It’s tempting to think that when the insurance company pays to defend you, the lawyer favors the insurance company’s interests over the client’s interests.

What does an attorney represent in a lawsuit?

In most litigation, lawyers hired under an insurance policy will represent the defense. We sometimes get calls from defendants upset with their lawyers, or have questions about their lawyers’ actions, or loyalties. Here’s how the attorney-client-insurance company relationship is supposed to work.

What does an insurance lawyer do?

You may think that the lawyer works for the insurance company. In some instances, the lawyer might work at a “captured” firm, so that could be technically true. Usually, the lawyer is part of an outside law firm that has a business relationship with the insurance company. The insurance company pays the lawyer to represent you, the client. It’s tempting to think that when the insurance company pays to defend you, the lawyer favors the insurance company’s interests over the client’s interests. So, what exactly are a lawyer’s ethical duties to the client?

What happens if the insurance company isn't happy with the defense lawyer?

If the insurance company isn’t happy, it might refuse to pay all of the bills, or not hire the lawyer again. Law firms are a business, too, and face the same business pressures.

What is the first rule of a defense lawyer?

First, the client must consent. Second, there can be no interference with the lawyer’s independent professional judgment on behalf of their client. And third, the lawyer must protect the client’s confidential information, per Rule 1.6. But this can put the defense lawyer in an awkward position.

Can a lawyer accept payment from a third party in Georgia?

And it doesn’t matter who is paying the lawyer’s bill. Rule 1.8 (f) says that a lawyer cannot accept payment from a third party for the client’s legal bills unless three things happen. First, the client must consent.

Does an insurance lawyer work for an insurance company?

You may think that the lawyer works for the insurance company. In some instances, the lawyer might work at a “captured” firm, so that could be technically true. Usually, the lawyer is part of an outside law firm that has a business relationship with the insurance company. The insurance company pays the lawyer to represent you, the client.

How many lawyers can represent a party in a lawsuit?

A party to a lawsuit can be represented by more than one lawyer or firm.

Is the information provided to you in this answer legal advice?

The information provided to you in this answer is not , nor is it intended to be, legal advice. You should consult an attorney for specific advice.

Can a defendant have more than one attorney?

A defendant can have as many attorneys as it wants. Whether the motions are "valid" or not would depend on what the motions are for , and what arguments they make, but it's likely that they are legitimate. There is a time limit for responding to the motions, if you don't have an attorney you should find one as soon as possible.

Can a plaintiff have more than one law firm?

In some civil cases because of the way insurance rules work a defendant and even a plaintiff may have more than one law firm. But, one should take the lead.

Can one lawyer question a witness?

I have no opinion on the validity of their motions, but I am not aware of any rule that says only one lawyer can represent a client. In a deposition and at trial, only one lawyer can question the witness, but I'm involved in a couple of cases where I have co-counsel, and we both have filed pleadings and discovery in representing our client. In trial, it is typical to see different attorneys question different witnesses, but only one lawyer per witness.

Does an insurance company hire an attorney?

Occasionally a defendant in a civil lawsuit will have an attorney provided by his insurance company and a personal coverage attorney who is hired by the individual defendant, not the insurance company. This typically arises when there is some strain between the best interests of the individual defendant and his insurance company's interests which can work to the advantage of the plaintiff.

Can you have multiple attorneys on one side?

All fine. Multiple attorneys on a side is very common.

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

When communicating with the accused in a criminal matter, a government lawyer must comply with this Rule in addition to honoring the constitutional rights of the accused. The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule. ...

Can a lawyer request a court order?

A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury.

Can a lawyer make a communication prohibited by this rule?

A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a). 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.

Is consent required for a lawyer to communicate with a former constituent?

Consent of the organization’s lawyer is not required for communication with a former constituent. If a constituent of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4 (f).

Can a lawyer evade the requirement of obtaining the consent of counsel by closing eyes to the obvious?

See Rule 1.0 (f). Thus, the lawyer cannot evade the requirement of obtaining the consent of counsel by closing eyes to the obvious.