illegal to talk to the other attorney when represented by one

The general rule is that an attorney cannot speak with a party they know to be represented. However, for example, in CA, the exceptions to that rule include conversations initiated by the represented party for the purpose of getting a 2nd opinion. 0 found this answer helpful

Full Answer

Is it legal to talk to the opposing party's attorney?

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). Parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising …

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

Jan 30, 2015 · It is not illegal to speak to a different lawyer if you already have one (2nd opinions are okay and sometimes encouraged and required), the attorneys don't want to be scene as interfering in an existing attorney client relationship. Think of it like this.

Is it legal to talk to a lawyer on the phone?

Jan 22, 2020 · 296. Communications with Represented Persons—Issues for Consideration. Rule 4.2 of the American Bar Association's Model Rules of Professional Conduct provides: "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 …

Can a lawyer communicate with a government agency?

(a) In representing a client, a lawyer shall not communicate or cause or encourage another to communicate about the subject of the representation with a person, organization or entity of government the lawyer knows to be represented by another lawyer regarding that subject, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.

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.

Can I talk to another lawyer if I already have one?

Fire your attorney before you hire someone else. There are ethical rules that prevent lawyers from speaking to someone who already has an attorney. Generally, if you're shopping around for new representation, the new lawyer will ask to see a copy of the letter you sent firing your old attorney.Aug 23, 2018

Can attorneys talk to each other?

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

Do opposing lawyers talk to each other?

It's typically conversational, often cordial. Very often, they know each other. Outside of large cities, it's a very small community of lawyers.

What are common sanctions for violating ethical practices for attorneys?

The most common penalties for violating ethical rules are disbarment, suspension, and public or private censure. Disbarment is the revocation of an attorney's state license, permanently rendering the attorney unqualified to practice law.

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 should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.Jan 15, 2010

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.

How do you communicate with 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.

How do lawyers communicate?

And when that time comes, there are a few tips you should consider to make the legal process a whole lot easier and less painful for both you and your lawyer. But wait!...5 Tips for Talking to a LawyerGet organized.Be detailed.Be honest.Ask to clarify.Keep them informed.

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

Do lawyers talk off the record?

All the time. Virtually all discussions and plea negotiations are off the record, at least in all the places I have been a prosecutor, and the discussions are often very candid about the strength of the case against the accused, and both the positive and negative aspects of his character.

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.

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Jennifer L. Ellis

Lawyers have ethical rules they must follow that can be interpreted as making it inappropriate to talk to a potential client who already has a lawyer. However, it really is impossible for a potential client to know if he should fire his lawyer without speaking to another for a second opinion.

Anthony Bettencourt Cameron

Maybe it's because you are not being clear that you are seeking a second opinion. There was a long thread on here about second opinions not very long ago. Several decades ago, they were almost taboo but now they are common.

Steven Marc Reiss

The general rule is that an attorney cannot speak with a party they know to be represented. However, for example, in CA, the exceptions to that rule include conversations initiated by the represented party for the purpose of getting a 2nd opinion.

Matthew Scott Berkus

I understand where those attorneys are coming from, but at the same time, I believe they are being too cautious. It is not illegal to speak to a different lawyer if you already have one (2nd opinions are okay and sometimes encouraged and required), the attorneys don't want to be scene as interfering in an existing attorney client relationship.

What is the ABA model rule of professional conduct?

Rule 4.2 of the American Bar Association's Model Rules of Professional Conduct provides: "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 by law to do so by law or a court order." (2002). Department attorneys should be aware that Comment 5 to Model Rule 4.2 provides that " [t]he 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." Although the rule may vary from state to state, each state has adopted a rule of professional conduct that governs communications with represented persons. Department attorneys should be guided by the relevant state's or federal district court's rule and interpretations of that rule and should not rely exclusively on the ABA Model Rule and its interpretation in determining what is appropriate conduct, unless directed to do so by the relevant rules of professional conduct. Nonetheless, as a general matter, it may be useful to review ABA Committee on Ethics and Professional Responsibility Formal Opinion 95-396, "Communications with Represented Persons" (July 24, 1995), and the Annotated Model Rules of Professional Conduct published by the ABA Center for Professional Responsibility.

Can you contact former employees?

Many states' contacts rules do not prohibit contact with former employees of a represented organization; however, even when communicating with former employees is permissible, the discussion should not include attorney-client privileged information.

What is contact rule?

The contact rule only governs communications with represented persons about the subject matter for which they are represented.

Can a lawyer represent a person?

A lawyer who represents a person or entity cannot assert a blanket representation by which that lawyer purports to represent the person or entity on all subjects and all matters. The rule does not govern communications with a represented person concerning matters outside the representation.

What does "not communicate" mean in a lawyer's representation?

(a) In representing a client, a lawyer shall not communicate or cause or encourage another to communicate about the subject of the representation with a person, organization or entity of government the lawyer knows to be represented by another lawyer regarding that subject, unless the lawyer has the consent of the other lawyer or is authorized by law to do so.

What does paragraph a mean?

Paragraph (a) does not, however, prohibit communication between a lawyer's client and persons, organizations, or entities of government represented by counsel, as long as the lawyer does not cause or encourage the communication without the consent of the lawyer for the other party.

Trying to reason with an opposing witness or victim, even with all good intentions, can be a very risky move. Let your lawyer do the talking

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Communications with Represented Party

In general, a defendant is not prohibited from speaking with a crime "victim." For example, you are not barred from chatting over the fence with your neighbor (although it seems that such casual pleasantries have not been part of your relationship for quite some time).

Let Your Lawyer Do Her Job

If you sincerely believe that you may be able to convince your neighbor of your innocence and to drop the charges by talking to him, ask your lawyer to talk to the prosecutor instead.

When You Can Contact Others Who Are or Were Represented by Counsel: Part 1

By Martin I. Kaminsky (Greenberg Traurig) and Maren J. Messing (Patterson Belknap Webb & Tyler)

What Are the Guiding Rules?

The starting point is Rule 4.2 (a) of the New York Rules of Professional Conduct (NYRPC).

What If the Other Party Initiates Contact with You?

The Rule applies regardless of how the possible communication arises. It does not matter if the other party initiates it, requests it, consents to it or tells the lawyer he/she does not feel the need to have his lawyer included.

Does Lawyer Have Duty to Inquire Whether Person Has Counsel?

Rule 4.2 prohibits contact when a lawyer “knows” that a person is represented by counsel. NYRPC Rule 4.2. It does not say “has reason to know;” and Rule 1.0 (k) defines knowledge as “actual knowledge of the fact in question.” NYRPC Rule 1.0 (k).

What Are the Consequences If a Lawyer Violates the Rule?

Failure to adhere to the no-contact rule can have serious consequences for counsel, as well as for her client. Disciplinary authorities have full power to act in response as they deem warranted by the nature and extent of the violation of Rules of Professional Conduct. See, e.g., In re Matthew B. Murray, 2013 WL 5630414, No.

Can you talk to an opposing attorney?

There is no rule against your talking to the opposing party, or to the opposing party's attorney. There is a rule, however, that applies to attorneys only, that would prevent opposing counsel from responding to your communication, unless he had permission from your attorney...

Is it a good idea to speak to an Opp counsel?

In general, it is not a good idea to directly communicate with Opp counsel. First, opp counsel should not respond; second, it sends a message that you are bypassing your atty, which may undermine his work in the case; third, it may be an insult to your atty. 2 found this answer helpful. found this helpful.

Can you communicate with opposing counsel?

I would not advise you to communicate with opposing counsel while you are still represented . Opposing counsel will probably not reply to you, but will most likely forward your communication to your attorney. I would recommend that you speak to your attorney in person, and insist that he or she draft the letter to opposing counsel that you are contemplating sending.