when can an attorney directly contact the other side

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.

Full Answer

Can a lawyer contact the other party directly?

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

When does a lawyer have to refer a contact to counsel?

Apr 23, 2012 · Fearing that the opposing lawyer has improperly failed to communicate the offer to his client, the first lawyer is barred by the no-contact rule from making inquiry of the opposing party, or sending another copy of the offer directly to the party. But the first lawyer's client has every legal right to approach the other party to find out about the status of the offer, and the …

Can a lawyer represent a client without the opposing party's consent?

Sep 26, 2016 · Clients may see the primary sticking points as lawyer-driven, rather than client-driven, and may want to contact the other side directly to pursue a resolution. For example, clients may ask their lawyer to directly contact the opposing party’s manager, director, key business person or in-house counsel about the dispute. Or, clients may ask whether they can …

Is it possible to get the other side’s lawyer out of the way?

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 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 ...

Can someone else's lawyer call me?

Attorneys are only precluded from contacting an opposing party if that party is represented by counsel. If you don't have counsel then the attorney can and will contact you directly, as there is no one else to contact regarding the case.

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

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.

What is it called when a defendant represents himself?

Judges and lawyers typically refer to defendants who represent themselves with the terms "pro se" (pronounced pro say) or "pro per." Both come from Latin and essentially mean "for one's own person."

Can a lawyer contact you by email?

I have found the quickest way to reach an attorney is through e-mail. Attorneys can receive their e-mail on their phones even when sitting in court. When Attorneys do not return phone calls, there is always a reason.

Why would a lawyer randomly call me?

“If an attorney calls you, they probably got the information improperly from the police or hospital,” Watters said. “There are a lot of payoffs in this field and if a lawyer is willing to pay for information to get a client, that is a sign right there that the person is probably unethical.”

Can lawyers email you?

Lawyers use email every day and are very familiar with the mechanics of sending and receiving email. However, because of its ubiquity, lawyers often get complacent about best practices for using email effectively and proficiently.Jan 7, 2019

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 ...

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.