what information am i required to give to the other pary's attorney

by Esteban Simonis 8 min read

Does the other party's attorney have to accept service of papers?

 · If your spouse has an attorney, and if that attorney has filed a notice of appearance, then, most items can be sent to the attorney rather than to your spouse. However, there are certain things that almost always have to be served on the other party and not the attorney - things like the original summons and petition and an order to show cause for contempt all, …

What do you have to give the other side in court?

 · 5 attorney answers. An attorney has a duty of candor to both the court and the parties. While this does not require the attorney to disclose information which is harmful or prejudicial to his/her client (in fact, such communication is protected by the attorney-client privilege), the representing of a client is not privileged, especially since this information is …

Do attorneys have to disclose that they represent the other party?

 · This video is about reasonableness as it relates to the issues of attorneys fees and costs in a family law case. I've had a couple of recent recent cases where the judges hammered my clients with awards of attorneys fees. One case the award was approaching $20,000, and that award was so much that it actually sent my client into bankruptcy.

What documents do you have to give the other side?

 · 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.”

Can I communicate directly with opposing counsel?

The rule permits communications that are “authorized by law.” A lawyer's inability to communicate with an uncooperative opposing counsel or reasonable belief that opposing counsel has withheld or failed to communicate settlement offers is not a basis for direct communication with a represented adversary.

Is everything I say to a lawyer confidential?

Most, but not necessarily all, of what you tell your lawyer is privileged. The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

What information is covered by the duty of confidentiality?

The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source. A lawyer may not disclose such information except as authorized or required by the Rules of Professional Conduct or other law.

Do lawyers have to 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. Rule 2-100 defines “party” broadly.

What should you not say to an attorney?

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...•

Are emails subject to attorney-client privilege?

Emailed correspondence between attorney and client is privileged. However, the client can take some actions which will waive this attorney client privilege.

What are the 5 confidentiality rules?

Dos of confidentialityAsk for consent to share information.Consider safeguarding when sharing information.Be aware of the information you have and whether it is confidential.Keep records whenever you share confidential information.Be up to date on the laws and rules surrounding confidentiality.

What are the four principles of confidentiality?

Confidentiality is an important but non-absolute principle of medical ethics. The moral value of confidential- ity is derivative from four under- lying values: autonomy, privacy, promise-keeping and utility (or welfare).

What are the rules of confidentiality?

The principle of confidentiality is about privacy and respecting someone's wishes. It means that professionals shouldn't share personal details about someone with others, unless that person has said they can or it's absolutely necessary.

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.

Do attorneys know each other?

In most counties and especially in the area of family law, the lawyers know each other well because they practice in front of the Judges and among themselves so often. So, it is possible they will know each other well – sometimes being friends and sometimes being the opposite.

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.

When must you disclose documents and information to the other side?

If your case is in the justice court, you must disclose certain documents and information to the other side at the very start of the case. (JCRCP 16.1 (a).)

When do parties meet to discuss settlement?

With certain exceptions, within thirty days after the defendant files an answer , the parties must meet in person to plan for discovery and discuss the possibility of settling the case. (NRCP 16.1 (b).) It is the plaintiff’s responsibility to designate the time and place for the meeting.

How to learn about discovery in Nevada?

To learn more about discovery in the district court, read Rule 16.1 and Rules 26 to 37 of the Nevada Rules of Civil Procedure. Click to visit District Court Rules. You can also read the chapter on discovery in the Nevada Civil Practice Manual, which is available at your local law library. Click to visit Law Libraries.

What happens after a defendant files his answer with the court in response to plaintiff’s complaint?

After the defendant files his answer with the court in response to plaintiff’s complaint, the parties move into the “discovery” stage. In the discovery stage, both parties have the chance to learn (or “discover”) what evidence the other side has.

How long do you have to exchange a complaint?

Within thirty days after the defendant files his answer, the plaintiff and defendant must exchange:

What happens if you don't disclose a witness?

If either party fails to tell the other side about new documents or witnesses during the case, the judge can “exclude” those document or witness. That means the party who failed to disclose the document or witness may not be able to use them as evidence or rely on them at trial.

How long does it take to file an early case conference report?

Make sure you keep a copy for yourself. Step 2: File the early case conference report. Within ten days after you and the other side make the initial disclosures in Step 1, the parties must file an Early Case Conference Report with the court.

How to know if your ex has retained an attorney?

Then obtain his/her contact information from the California Bar Association web site and call him/her and ask whether they represent him in the action.

Is an attorney privileged?

An attorney has a duty of candor to both the court and the parties. While this does not require the attorney to disclose information which is harmful or prejudicial to his/her client (in fact, such communication is protected by the attorney-client privilege), the representing of a client is not privileged, especially since this information is sometimes essential to making sure that the proper procedureal...

Does an attorney have a duty of candor?

Yes, an attorney has a duty of candor to both the court and the parties. While this does not require the attorney to disclose information which is harmful or prejudicial to his/her client (in fact, such communication is protected by the attorney-client privilege), the representing of a client is not privileged, ...

Why does Rule 4.2 apply to lawyers?

[9] 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.

When does Rule 4.2 apply?

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 (or themselves as a pro se litigant). 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).

What is the role of an attorney in a pro se case?

As a pro se litigant, an attorney plays the role of both counsel and client. Therein lies the problem with Model Rule 4.2: does the restriction upon the attorney (as an attorney) restrict the pro se attorney (as a litigation party) from contacting an adverse party?

What is ABA Rule 4.2?

ABA rule 4.2 does not state specifically whether or not it applies to attorneys who are representing themselves. 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 by counsel without “consent of the other lawyer or is authorized to do so by law or a court order.” [2]

Which states have come to the same conclusions as the PBA?

New York, Hawaii, District of Columbia and Alaska have all come to the same conclusions as the PBA. [6]

Can a pro se lawyer represent himself?

A pro se lawyer represents himself or herself as a client . Therefore, the pro se lawyer is prohibited by the literal language of Rule 4.2 from communicating with his or her adversary without the prior consent of his or her adversary’s lawyer. This reading of Rule 4.2 is consistent with the majority of cases which have dealt with the rule and with all of the ethics opinions which have considered the issue.

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) ...

Can a DSS lawyer contact opposing counsel?

The DSS lawyer is correct. A party who is represented by counsel cannot be contacted directly by opposing counsel unless that party and opposing counsel expressly authorized direct contact.

Can a lawyer talk to you without your attorney's permission?

That is correct - he should not be talking to you without your attorney's permission.

Can a lawyer talk to you directly?

No, they cannot talk to you directly. All communication has to go through the lawyers in order to protect your rights and attorney-client privilege.

Can you hold on to a report until the hearing?

Since you report that you were asked to bring them in a letter request rather than in response to a subpoena or some other form of discovery request that seek the returns prior to the hearing itself, you might hold on to them until the hearing.

Is California privileged from disclosure?

The Revenue and Taxation Code sections 14251 and 19542 do declare that our income tax records are generally privileged from disclosure. However, in California that privilege does not bar production and consideration of your income tax records according to Family Code §3552 in proceedings involving any kind of support requests.

What is the most important information in third party claims?

In third-party claims, one of the most vital types of information is the amount of money available to compensate the victim (s ). The amount of money potentially available is so important to some liability insurers that they guard this "policy limits" information as if its disclosure endangers national security.

What is the insurer's duty at the outset of a personal lines claim?

In a previous commentary, " Insurer's Duty at the Outset of a Personal Lines Claim ," I wrote about an insurer's duty to advise first party insureds/claimants of their rights and benefits under an insurance policy as an essential part of claims adjustment, a process I generally view as "adjusting" the terms and conditions of an insurance policy to facts of the situation. An implicit premise of my thoughts on that subject is that an insurer possesses superior knowledge of the contract, and this information should be shared with policyholders to benefit—not shortchange—them.

What is the duty of an insurance company?

Assuming coverage exists, the insurance company has a contractual duty to defend and indemnify the insured. A company's failure to act in the best interest of its insured can bring serious problems, including the two dreaded words, "bad faith.".

What is a first party claim?

Typically, in the property/casualty context, first party claims involve only the company and the policyholder, the policyholder's loss of property in some form, and a demand that the insurer pay the loss. In third-party claims, however, a non-party to the insurance policy alleges a loss (property damage or bodily injury, ...

Is an offer to settle a prerequisite for bad faith refusal to settle?

Although an offer of settlement was once considered a necessary element of a duty to settle, an offer to settle is not a prerequisite to the imposition of liability for an insurer's bad faith refusal to settle, but is merely one factor to be considered. Moreover, liability may be predicated on a refusal to disclose policy limits.

Can failure to disclose policy limits at the pre-litigation stage serve as a basis for bad faith?

The lack of a formal offer to settle does not preclude a finding of bad faith.

Can an insurer afford to litigate?

This day-to-day experience teaches that many claimants cannot afford attorneys to litigate on their behalf to force disclosure of the information; consequently, their claims may settle for substantially less than their true value, thereby benefiting the insurer. On the other hand, some claimants who can afford it may decide that litigation is the most viable option when the insurer fails to provide policy limits.

Overview

How to Begin Discovery in Justice Court

  • If your case is in the justice court, you must disclose certain documents and information to the other side at the very start of the case. (JCRCP 16.1(a).) After this first disclosure of documents and information, both sides have an ongoing obligation to supplement their initial disclosures as the case moves forward. (JCRCP 16.1(c).) That means you...
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How to Begin Discovery in District Court

  • The discovery process in district court can be more complicated that in justice court. If less than $50,000 is at issue in the case, it will be assigned to the district court’s mandatory arbitration program, with some exceptions. (NAR 3(a).) Once an arbitrator is assigned, the parties will meet with the arbitrator and discuss what discovery is needed. (NAR 11.) The arbitrator will typically i…
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Discovery Tools

  • After the initial discovery described above, the parties can use these discovery tools to get additional information: 1. Depositions Depositions allow you to question the other side, or question witnesses who are not parties to the case, to find out what they know. The party who wants to take the deposition must pay the costs associated with it (court reporter fees, witness f…
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