when you have to speak only to attorney

Although open communication lines are good, sometimes it’s advisable for spouses to only communicate through an attorney. Specifically, if there’s been any history of domestic violence, don’t contact your spouse directly. Be aware that if a protective or no contact order is in place, you are prohibited from contacting your spouse at all.

Full Answer

Can I talk to someone who claims to be an attorney?

Jun 11, 2014 · If the investigator asks you whether you mean, “right now,” as occurred in U.S. v. Lovely, then respond by saying “yes, right now.”. Then call me. The consultation is free, so you have nothing to lose. To speak to an experienced court-martial and military defense attorney, call Bill Cassara at 706-860-5769 for a free consultation.

Do lawyers have to tell you who your client is?

Mar 09, 2015 · You don't have to say anything, but you can if you want. You have the right to remain silent at trial and your silence can't be held against you. You should allow your attorney to do the majority of the talking. Answers to questions are not legal advice but information for general use only and do not form an attorney-client relationship.

What happens if someone tries to contact you without an attorney?

Jan 30, 2015 · 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.

Should I use a lawyer for all communications?

Apr 14, 2016 · Posted on Apr 15, 2016. When someone represents him or herself in a legal proceeding, we call it "pro se." If your husband is representing himself pro se in your divorce, your attorney will have to speak to him in order to move your case forward to resolution, whether by agreement or by litigating the issues in Court.

Do I have to speak if I have a lawyer?

As you can probably assume considering this is a criminal defense blog, if you hire an attorney, you do not need to speak in court when your case is called. You can hire an attorney to speak on your behalf.May 19, 2020

Why you shouldn't talk without a lawyer?

You should never talk to the police without first consulting an attorney. Police officers are trained to obtain confessions, admissions and inconsistencies. If you are innocent, they will use inconsistencies in your statements as evidence of guilt.

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

Does the lawyer do all the talking?

Your lawyer will do all of the talking with a few exceptions. If the case is tried, you and your lawyer will decide if you should testify. If there is a plea deal, your lawyer will qualify you to make sure you understand the rights you are giving up...

Should you ever talk to cops without a lawyer?

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.

How do I refuse to talk to the police?

You can say, “I do not want to talk to you” and walk away calmly. Or, if you do not feel comfortable doing that, you can ask if you are free to go. If the answer is yes, you can consider just walking away.

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 ...

Do lawyers tell the truth all the time?

Lawyers must be honest, but they do not have to be truthful. A criminal defence lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.

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

Why you shouldn't be a lawyer?

Deadlines, billing pressures, client demands, long hours, changing laws, and other demands all combine to make the practice of law one of the most stressful jobs out there. Throw in rising business pressures, evolving legal technologies, and climbing law school debt and it's no wonder lawyers are stressed.Nov 20, 2019

What are the four responsibilities of lawyers?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•Sep 8, 2021

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.Sep 18, 2014

William J Popovich

I'm sure he told you that he must treat your husband as though he was his own attorney, and that includes dealing directly with him. The court wants things resolved without court involvement where possible, and your lawyer I'm sure told you that this includes him dealing with your spouse...

Risa A Kleiner

If your spouse is representing himself, then your attorney is obligated to communicate with him or her, either by letter, email or phone. You should discuss this with your attorney so you understand his or her role better.#N#More

Leonard Roy Boyer

I concur with the recommendations of my distinguished colleagues. Whenever I have a Pro Se adversary, especially in a divorce case, I handle all communication in writing, so there is no misunderstandings or distortions of what has been said. Since you have an attorney, you should talk to your attorney about this...

Catherine A Ross

The Court will expect your attorney to communicate with a pro se litigant on the other side at various times in the litigation. Your attorney knows what minimum communication is expected and can chose to limit it to that.

Angela Marie Scafuri

When someone represents him or herself in a legal proceeding, we call it "pro se." If your husband is representing himself pro se in your divorce, your attorney will have to speak to him in order to move your case forward to resolution, whether by agreement or by litigating the issues in Court.

Brandon Alexander Robinson

Yes, because he is the only person on the other side for that "party." There is no intermediary between your attorney and your husband, and if there was, that would be unauthorized practice of law, seeing that he does not have an attorney to fill that proper role.

David Perry Davis

You don't want a situation where there is an allegation that an issue was not discussed with an attempt to resolve before it was taken to court. On the other hand, some pro se litigants will try to run up your bill by communicating with your attorney a lot.

How to know if a lawyer is a lawyer in Oregon?

If a person is really an attorney, they'll have an identifying number with the Oregon State Bar (this answer applies to Oregon). You can then check them out professionally at osbar.org. Oddly, if the client has asked that the lawyer keep his name confidential, then the lawyer can't tell you who he represents. However, I'm pretty sure that you can then refuse to answer any questions in other words, you don't give any information until they tell you who's asking. Your company should have legal representation, and you need to tell your company's attorney about this contact.

What is the obligation of a real attorney?

A "real attorney" has an obligation to maintain client confidentiality and not tell any Tom, Dick or Harry who s/he represents unless the client has specifically authorized them to do so.

Can an attorney disclose who they are working for?

An attorney is not allowed to disclose who they are working for, unless they have that person's permission. Attorneys,for example, are not allowed to post a listing of their clients, unless each clients has given permission to be on the list. It is rarely in the client's best interest to have it revealed who their attorney is, and so the attorney should rarely ask to list such things. But, if an attorney is representing a person in a particular matter and if they are contacting an opposing party, then they should say who they are representing. But, this is not always the case and it depends what the situation is. For example, lawyers are allowed to act on someone's behalf and not reveal who they are working for, or even that they are working for anyone. This is often the case, especially in big real estate bargaining. However, if someone calls you for information and you are not satisfied that they have a right to know, you do not need to answer or give them any information at all. If a lawyer is representing a person and is going to discuss or negotiate on the person's behalf, they will let you know they are engaged to represent the person in that dealing. If there is a court case pending and a lawyer is officially representing a party, they will put their name on the court filings, and will often send letter saying whom they represent. Often, a lawyer may seek information on behalf of a client, but not want to reveal for whom they work. It is up to you to decide whether you wish to give such a person information. The one main thing a lawyer cannot do is lie and say they represent someone they do not represent. So if you ask a lawyer whom they represent in the matter, if anyone, the lawyer is not allowed to falsely name someone. But, they can refuse to answer, and you can refuse to discuss with them. However, in some locations, there are special rules about a lawyer acting as a real estate agent being allow to bluff certain things. To accurately answer your question, I would need all the details.

Is the identity of a client confidential?

The identity of a client is usually considered to be confidential information - so the attorney was correct in not answering your question. Usually, it is only after the client grants permission to the lawyer to reveal the relationship - then the attorney is permitted to do so.

What happens if you don't disclose who you represent?

Furthermore, if you or your company is involved with litigation and represented by an attorney already, any other attorneys should never contact you but should go through your attorney directly. This is an ethical rule. If the person tries to contact you again instead of your attorney, let your attorney know right away.

Do you have to disclose representation?

If it is a confidential matter, then they do not have to disclose representation. If they are in court for a person then their representation is a matter of record.

Do you have to disclose who your client is?

There is no requirement that an attorney disclose who his client is, under most circumstances. You are right, it is very unusual for an attorney to call and not disclose who his client is. However, it can occur. However, you are under no obligation to answer any questions either.

How to contact Petersen Criminal Defense Law?

In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.

Is "no news" good news?

The bottom line is that this is generally one of those cases where “no news is good news” because it means your attorney is working on your case . The only time you should get concerned is if you need to speak to your attorney and you cannot get through nor have you received a return call.

When Should I Communicate Directly With a Divorcing Spouse?

Before calling or texting your soon-to-be ex, ask yourself whether the communication is positive and important. Hateful messages or threats to make the divorce process miserable are counterproductive. Moreover, foul language and threats may later be used against you in court. It’s important to be on your best behavior when contacting your spouse.

When Should I Communicate Through an Attorney?

Although open communication lines are good, sometimes it’s advisable for spouses to only communicate through an attorney. Specifically, if there’s been any history of domestic violence, don’t contact your spouse directly. Be aware that if a protective or no contact order is in place, you are prohibited from contacting your spouse at all.

Do I Need To Save or Record Communications With My Spouse?

You won’t need to send your attorney every email or text from your spouse, but you should file away any significant communications. For example, keep copies of letters, emails, or texts that discuss visitation schedules, debt repayment, infidelity, children’s report cards or medical records, tax returns, or offers to settle.