is okay to contact the other party when you both have an attorney

Yes, this is permitted, and you will have to unless/until you hire counsel. You are the "attorney" on your side for purposes of representation, given your pro se status. This means not only filing all pleadings, briefs, motions, etc., for your side, but also contacting opposing counsel, as contemplated by your question.

Full Answer

Can a lawyer contact the other party directly?

Apr 23, 2016 · Yep, you absolutely can, and in fact, you must, because it would be improper for you to contact a party who is represented by an attorney. DISCLAIMER: ANSWERING YOUR QUESTION(S) DOES NOT MAKE ME YOUR LAWYER. I AM NOT YOUR LAWYER AND WILL NOT BE YOUR LAWYER UNLESS AND UNTIL WE BOTH SIGN A WRITTEN ATTORNEY-CLIENT …

Can a lawyer speak to a person who is represented by counsel?

Mar 20, 2018 · An attorney can argue that when they are a pro se litigant, they are the client and have the right to discuss matters with an adverse party. However, an attorney who is a pro se litigant is also the attorney representing themselves, and it can be argued that pursuant to Model Rule 4.2, the attorney is ethically prohibited from speaking with an adverse party represented …

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

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. As Comment 3 to the New York Rule provides, “[a] lawyer must immediately terminate communication with a party if after commencing communication, the lawyer learns that the party is one with whom communication is not …

Can a lawyer speak to a client before the matter occurs?

Aug 07, 2009 · 3 attorney answers. If the other party is opposing you in litigation, this this same lawyer can't represent parties that are in any was adversarial, since it would be a huge conflict of interest. If this is a transaction, it's possible for both you and the other party to waive any conflict of interest, after the lawyer makes full disclosures about the downside of doing this, and both …

Can your lawyer talk to the other party?

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.Mar 3, 2020

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What is the no contact rule in law?

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 a paralegal communicate with an opposing party?

May a paralegal directly communicate with an opposing party who is represented by counsel? No. Neither lawyers nor paralegals may communicate with an opposing party who is represented by counsel without the express written permission of opposing counsel.Dec 19, 2016

How often should I hear from my attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

Can represented parties talk to each other Texas?

Under the Texas Disciplinary Rules of Professional Conduct, a lawyer who is a party in a legal matter but who does not represent any other party in the matter may communicate concerning the matter directly with a represented adverse party without the consent of the adverse party's lawyer.

Can I communicate directly with opposing counsel?

No California legal ethics rule expressly prohibits a non-lawyer client from contacting another party directly, although clients cannot be used as conduits for indirect prohibited contact from lawyers.Sep 26, 2016

How do lawyers communicate?

Communicate Clearly and Often It is important to avoid using legal jargon when a lawyer communicates with clients. Using plain language will allow a client to understand the provided information easily. Lawyers should always invite their clients to ask questions and reach out if necessary.Sep 20, 2021

What do you do when opposing counsel won't respond?

In a nutshell, if opposing counsel isn't responding:Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse.Wait a reasonable amount of time.To be safe, get a court order authorizing direct contact.More items...•Jun 22, 2018

What is Rule 4.2?

In conclusion, Rule 4.2 (or an analogous rule) likely restricts an attorney who is a pro se litigant from contacting or conversing with an adverse party represented by counsel about the subject matter of a pending litigation.

Can an attorney speak with an adverse party?

However, an attorney who is a pro se litigant is also the attorney representing themselves, and it can be argued that pursuant to Model Rule 4.2, the attorney is ethically prohibited from speaking with an adverse party represented by counsel without “consent of the other lawyer or is authorized to do so by law or a court order.”.

Is an attorney acting as both counsel and client?

In this situation, the attorney is not acting as both counsel and client, but is rather is only a client who has retained representation. PBA Opinion 2017-200 found that when an attorney is represented by counsel, Rule 4.2 does not apply, reasoning that Rule 4.2 only applies when an attorney is acting in the role of representing a client ...

Who said "He who represents himself has a fool for a client"?

The well-known old saying often credited to Abraham Lincoln states that “He who represents himself has a fool for a client.”. This article will not comment on the advisability of representing yourself in litigation, but will instead discuss the ethical issues that arise when an attorney is either a pro se litigant (representing him or herself) ...

Is Rule 4.2 a role rule?

PBA stated that: “Rule 4.2 is a “role rule” since by its terms it applies to lawyers only when they are representing clients. It does not apply to lawyers simply because they are lawyers.”. [7] (We note that this seems somewhat at odds with the notion of protecting people from an attorney’s specialized skills).

Is Rule 4.2 an identity rule?

In determining that Rule 4.2 is an identity rule, these jurisdictions found that the legal system benefited from a policy preventing attorneys from using their specialized legal knowledge and skills to influence an adversary, even when both sides were represented by counsel.

Can a lawyer communicate with another lawyer?

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.

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).

3 attorney answers

If the other party is opposing you in litigation, this this same lawyer can't represent parties that are in any was adversarial, since it would be a huge conflict of interest.

Pamela Koslyn

Sure; call the attorney and tell him all about your case. Then send him/her a note confirming that you spoke and tell him/her how great it was to talk about the case. Keep good notes on this conversation and keep a copy of your letter or emai to the lawyer. Be sure to mention the names of the parties to the dispute. ALL the names.

Gerald Gould Knapton

Your only option is to get to the attorney first. If the other party has already hired the attorney, that lawyer can't even talk to you about taking the case. A lawyer has a duty of loyalty to clients and can't dump an existing client to take the opposing party's case...

What is bypass communication?

This could be considered bypass communication (the attorney indirectly communicating with the other party) and should be carefully utilized , but courts usually encourage parties to resolve the matter between themselves, if possible. Parties who are represented are precluded from some types of communication, however.

What can parties communicate about?

Parties certainly often communicate about children and activities, but they can also communicate regarding agreements and dividing property. Consulting with an attorney before directly communicating with the other party is wise to ensure the party’s interests are protected.

Why is communication not effective in family law?

In family law matters, this may not be an effective means of communication, because difficulty communicating is often one of the underlying causes that led the parties to the domestic law matter.

What is the purpose of attorney-attorney communication?

This method of attorney-attorney communication protects the legal rights of the party while still allowing the party to dictate the course of the case.

What is the name of the court filing that includes the party's information?

When a family law (or any type of case) is filed, if the party has an attorney, the attorney will file what is called an appearance. This filing includes the party’s information as well as the attorney’s, and it is made a part of the Court file to put everyone on notice that the party is represented by counsel.

Can an attorney communicate with an unrepresented party?

Attorneys communicating with unrepresented persons must be very clear that they do not represent the party and may advise the party only to seek the advice of counsel. However, if an agreement is made, attorneys may communicate with parties to effectuate the completion of same.

Can an attorney communicate with each other?

Attorneys can also directly communicate with each other on behalf of their clients. They can discuss potential settlement agreements, upcoming hearings, and other matters. This avoids the parties communicating directly if that is not a feasible option and it ensures that the legal matters are properly dealt with.

What is ex parte communication?

An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties’ knowledge.

What to do if a judge makes a wrong decision?

If you believe the judge made the wrong decision in your case, you may have the right to file an “appeal,” asking an “appellate court” to review the decision the judge made in your case. The process for filing an appeal is explained in the Hawai`i Rules of Appellate Procedure.

What happens at a motion hearing?

Usually, the judge will schedule a hearing on your motion. During the hearing, you will have the opportunity to explain your position to the judge in court. Judges must make their decisions based only on the relevant facts or issues of the case and the applicable laws.

Why is the ban on a judge important?

This ban helps judges decide cases fairly since their decisions are based only on the evidence and arguments presented to the court and the applicable law. It also preserves public trust in the legal and court system.

What is disclosure in court?

This is called “disclosure” and helps to ensure that your case is handled fairly. You may also cause your case to be delayed or even dismissed. Also, the court may “strike” (delete or ignore) any evidence affected by your ex parte communication.

Can a judge hear an ex parte emergency request?

Also, judges may hear ex parte emergency requests for a temporary restraining order when the other parties cannot be told in time. In certain situations, judges may also consider confidential letters from a settlement conference ex parte. Finally, communications regarding case scheduling or status are allowed.

Do you have to tell the judge about ex parte?

No. Sometimes people will send a letter or document to the judge and ask the judge not to tell the other party. Although you may have information that you want the judge to know about and keep in confidence, the judge is still required to disclose any ex parte communications to all parties.

What happens if a judge doesn't believe you need a permanent order?

If the judge doesn't believe you need a permanent order, the judge will dismiss the petition and vacate, or cancel, the ex parte order. If you fail to appear at the hearing, the judge will dismiss the order. If the respondent fails to appear, it's likely you will receive a permanent order that is effective for approximately one year.

How long does it take to get an ex parte hearing?

Some states require a full hearing to occur within 10 days, while others require a full hearing in 14 to 20 days. The purpose of the hearing is to make sure the other party has been given their due process rights. If the judge denies your ex parte application, a hearing may still be held shortly after the denial.

What happens after the judge reviews an ex parte motion?

What Happens After the Judge Reviews the Ex Parte Motion? The judge can grant the ex parte motion and issue a temporary order, such as a temporary full custody order or a temporary restraining order. Because the other party was not present, the order is only temporary. Some examples of ex parte orders are orders that:

What happens if the respondent fails to appear in court?

In some states, the respondent's failure to appear allows the judge to grant a permanent order automatically. If the respondent appears and doesn't contest the order, the ex parte order will convert to a permanent order without any testimony. If the respondent appears and objects to the order, there will be a trial.

What documents can be presented at an ex parte hearing?

At the full hearing, you and the respondent present evidence through testimony and any other documents you may have, such as photos, hospital records, and police reports. The respondent can object to the ex parte order. The judge must decide whether to issue a permanent order to replace the temporary ex parte order.

What is an ex parte motion?

In emergency situations, an ex parte motion provides an exception to the rules of due process by allowing you to petition the court without having to notify or serve the other parties involved in your case. If the judge grants the ex parte order, the order is only temporary. The judge will hold a full hearing within a short period of time.

How to prevent the other party from destroying property?

Prevent the other party from destroying property. Prevent the other party from removing assets in a divorce proceeding. Require the other party to stay away and not harass you. The court has to hold a hearing, with both sides present, within a reasonable amount of time.

What does the same insurance mean for deductibles?

What same insurance means for deductibles. Say you're the driver who was hit: Your insurance company, because it represents both you and the driver who hit you, might not require you to pay your deductible when you repair your car . This is a significant change. In most accidents when you and the other driver are represented by different insurance ...

How much does an accident cost if your deductible is $500?

If an accident caused $3,000 of damage to your car and your deductible is $500, you'd have to pay for the first $500 of repair work before your insurance company picks up the cost of the remaining $2,500.

Is your insurance representing the other driver?

Your insurer is also representing the other driver, don't forget. "The best thing for anyone to do is not to assume that the claim is more likely to be paid or paid well because everyone has one insurance company," Simeone says. "Instead, proceed as you would if everyone had a different policy.".

Can you get a claim faster if you have the same insurance?

Don't expect your claim to be processed any faster , either, just because you and the other driver have the same insurance company. Your insurer will assign both you and the other driver a different adjuster. And these adjusters will determine who is at fault in an accident and the size of any payouts, just as they would if they were working ...

Can you have the same insurance on both drivers?

Don't expect faster insurance claims. Besides the deductible situation, there are no other benefits – or disadvantages – when both drivers have the same insurance, says Evan Walker, a personal injury attorney based in La Jolla, California, who routinely handles auto accident cases.

Who is Thomas Simeone?

Thomas Simeone, a personal injury attorney with the Washington, D.C., law firm of Simeone & Miller, says that it is a common misperception that the claims process will be a faster one when both parties of an accident are represented by the same insurance company.

Do you have to pay for repairs to your car if you are not at fault?

In most accidents when you and the other driver are represented by different insurance companies, even if you are not at fault, you might have to pay upfront for some of the repairs to your car, depending on your deductible.