when can an attorney communicate with opposing client

According to that rule, a lawyer representing a client in a litigated or transactional matter is not permitted -- with one exception that is beyond the scope of this column -- to communicate with a represented opposing party without the consent of the opposing party's lawyer.

Full Answer

Can a lawyer counsel his client directly to contact the opposing party?

Mar 03, 2020 · But the North Carolina Rule 4.2 commentary immediately goes on to say, “However, parties to a matter may communicate directly with each other, and a lawyer is not prohibited from advising a client or, in the case of a government lawyer, investigatory personnel, concerning a communication that the client, or such investigatory personnel, is legally entitled …

Can a lawyer advise a client about a communication?

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. Also, a lawyer having independent justification or legal authorization for communicating with a represented person is permitted to do so.

What happens if the opposing lawyer fails to communicate?

Jul 09, 2010 · Communication with Opposing Counsel. Rule 2-100 (A) of the Rules of Professional Conduct states: “While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other …

Can a lawyer communicate with a represented person?

Oct 01, 2009 · It’s true that Rule 4.2 of both the North Carolina Revised Rules of Professional Conduct (RPC) and the American Bar Association’s Model Rules of Professional Conduct (Model Rules) prohibit an attorney from “communicat[ing] about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter.” But clients don’t …

Can a lawyer call opposing clients?

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.

Can my lawyer talk to the other party?

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

Can represented parties talk to each other?

Rule 2-100 of the California Rules of Professional Conduct states that while representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the ...

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.

Can lawyers talk about their cases?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must keep private almost all information related to representation of the client, even if that information didn't come from the client.

Can your lawyer lie to you?

In California, the Rules of Professional Conduct govern a lawyer's ethical duties. The law prohibits lawyers from engaging in dishonesty.Jun 17, 2015

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

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

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.

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 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

How do you deal with a difficult lawyer?

Educate, educate, educate: The key to dealing with most difficult clients is educating them. Take the time to talk to them and explain the legal process, even if you have to do it repeatedly. Report regularly as this will help the client understand their file and alleviate concerns that nothing is being done.Oct 10, 2016

Ethics Corner Article New Hampshire Bar News – July 18, 2018

This article addresses the ethical implications of sending an email to opposing counsel and either copying or blind copying it to your client, as well as the implication of receiving an email from opposing counsel copied to her/his client.

Synopsis

It is generally understood that when the sending lawyer copies a client on an electronic communication with opposing counsel, the lawyer has not provided consent for opposing counsel to communicate directly with that client. Restatement (Third) of the Law Governing Lawyers § 99, cmt. j (2000); North Carolina 2012 Formal Ethics Op. 7 (Oct.

Overview of Authorities

While there is no universal agreement on whether it is appropriate to copy and/or blind copy a client on an email communication, a few State Bar ethics opinions and one State Court recommend against copying or blind copying clients on electronic communications sent to opposing counsel. E.g., Charm v. Kohn, 2010 Mass. Super. LEXIS 276 (Sept.

What is the duty of a lawyer?

Lawyers have a duty to communicate with their clients under Rule 4-1.4 of the Rules of Professional Conduct. This includes keeping clients reasonably informed about the status of their matter and to explain things to the client to the extent reasonably needed to allow the client to make informed decisions.

Can a lawyer communicate with another lawyer?

Under Rule 4-4.2, a lawyer cannot communicate about a matter with someone the lawyer knows to be represented by another lawyer in the matter unless the other lawyer consents. This begs the question of whether a lawyer is giving consent to communications with the lawyer’s client when the lawyer copies the client on emails to opposing counsel. ...

What is the ethical rule of confidentiality?

Rule 4-1.6 is the ethical rule of confidentiality. The ethical duty of confidentiality is broader than attorney-privilege. As noted in the comment to the rule, Rule 4-1.6 makes all information relating to the representation of a client confidential, whatever the source of the information. The danger in copying or blind copying a client on an email ...

Can you forward an email to opposing counsel?

In conclusion, the safest course of action is to separately forward any emails to opposing counsel you want to share with your client. If you are on the receiving end of an email that includes the opposing lawyer’s client on the email, you cannot include the opposing lawyer’s client on the email unless you have opposing counsel’s permission ...

Who is William Hodes?

William Hodes is a solo practitioner and consultant who specializes in legal ethics and the law of lawyering. Based in Indianapolis, and Lady Lake, Fla., he is Professor Emeritus of Law at Indiana University, where he taught for 20 years. Hodes's website is www.hodeslaw.com.

What is the no contact rule?

According to that rule, a lawyer representing a client in a litigated or transactional matter is not permitted -- with one exception that is beyond the scope of this column -- to communicate with ...

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.