why would an attorney not communicate with another attorney

Lets face it, there are many different reasons why an attorney might not be communicating with you. The lawyer may be overworked, or may be sick or even passed away, the phone systems might not be working, or they might be overloaded with cases and heavy caseload.

Full Answer

Can a lawyer represent a client with another lawyer?

Jul 10, 2021 · This is one of the primary causes for the lack of communication on behalf of most lawyers who are not careful about how many clients they take on at one time. If your lawyer is overloaded with too much work, it could become very difficult to meet the demands of each client. 7. They Are Away From Their Office.

Is it possible for a lawyer to not respond to you?

Jan 09, 2018 · It can be frustrating when opposing counsel will not communicate when it would seem that professionalism would dictate that they should communicate. But the other attorney works for their client and no one else. So your daughter’s attorney is going to have to get around the fact that the other attorney won’t communicate, and set hearings and get before the judge …

Why would a lawyer not return a phone call?

6. Remember, while your case is important, it is not the attorney*s only case. Be Reasonable 7. Be reasonable. 8. Your attorney may be in Trial, Out of State, on a vacation, or at the birth of the attorney*s first grandchild. 9. Be nice to your lawyer. Contrary to popular belief, lawyers are human, with feelings (at least some are). 10.

Can a defendant contact a lawyer by phone?

Let him run it. Your lawyer is attending to his own issues. He also has his own personal life, and maybe he’s got some problems or major events to deal with. Maybe he’s attending a string of conferences or out of town for a basketball game. Or his daughter is getting married or his wife is divorcing him. While a lawyer deserves personal ...

What happens if a lawyer fails to communicate information?

Do lawyers have to talk to each other?

What is the no contact rule in law?

How long do lawyers have to respond to each other?

Do lawyers communicate with each other?

Do lawyers get along with each other?

Can an attorney contact opposing client in Texas?

Can represented parties talk to each other Texas?

Why do lawyers ignore you?

What should you not say to a lawyer?

Is it normal for lawyers to not respond?

Dorothea Elaine Laster

Unless the court ordered opposing counsel to communicate about something specific by a certain date, he doesn’t have to. It can be frustrating when opposing counsel will not communicate when it would seem that professionalism would dictate that they should communicate. But the other attorney works for their client and no one else.

Jennifer Elizabeth Wright Satagaj

Your daughter should talk to her attorney. There is not enough information to be able to determine the appropriate next steps. It may be appropriate to request to modify the temporary orders. It may be appropriate to request the case go to mediation. It may be appropriate to request a child custody evaluation.

Thomas John Baker

Yes, attorneys can refuse to talk to opposing counsel. They should not conduct the profession in that manner, but some do. The attorney for the mother needs to take whatever steps he or she can take through the court or through mediation to attempt to overcome the situation with the other counsel.

What is the ethical obligation of a lawyer?

A lawyer has an ethical obligation to communicate with his clients. If he’s holding documents or if his lack of communication is holding up your ability to settle the estate, he’s not meeting his ethical duty to you as a client. You might wish to send a certified letter, as you mentioned.

What to do if your attorney is ignoring you?

If you think your attorney is ignoring you, send a certified letter to his office questioning the silence and that you are prepared to find a new lawyer if necessary . This will jolt him into action. He will respond either by saying the two of you aren’t a good fit, or he will start being much more communicative.

How to get a different public defender?

In most cases, you can get a different public defender by writing a letter to the judge. Accordingly, you can mention to your lawyer that you want to explore getting a different public defender. Hopefully this will motivate your attorney to either (a) be more responsive, or (b) help you request a new lawyer. Reply.

Why are nonessential hearings delayed?

As for the delays, unfortunately many courts have had to delay “nonessential” hearings due to the coronavirus. It’s really unfortunate for people who want their cases resolved, but it’s also understandable that certain cases (such as emergency restraining orders) should receive priority.

Can a new lawyer file a notice of withdrawal?

The new lawyer can (1) make sure the old lawyer has actually filed the notice of withdrawal, (2) make sure any new paperwork/notices get directed to the right place, and (3) make sure there aren’t any upcoming deadlines that need prompt action.

Can you talk to a lawyer on their behalf?

You technically aren’t the client. If your father or other relative is the actual client who signed a contingency fee agreement, you can’t talk to the lawyer on their behalf. That’s what attorney-client privilege is all about.

Does a lawyer have time to chat?

He doesn’t have time to chat. While it might seem like lawyers have lots of free time and are delighted whenever you drop by their office, you are taking time away from other money-making cases. He has an office to run. Let him run it.

Why is my lawyer not communicating with me?

The lawyer may be overworked, or may be sick or even passed away, the phone systems might not be working, or they might be overloaded with cases and heavy caseload. Nevertheless, your lawyer should take the time to speak to you regarding your legal matter.

Is a new case more complex?

However, depending on the stage of your case, whether it is a new case or one that is already in litigation or trial, it can become more complex the later in the process you are.

Can you change your lawyer in a civil case?

Especially for civil litigation cases it is relatively simple to change your lawyer in most instances because the representation is performed on a contingency basis which means that you do not pay unless you win.

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.

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) ...

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.

What does it mean when a defendant calls his attorney?

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

What are the ethical obligations of a lawyer?

Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.

Do attorneys have to keep clients informed?

The duty to keep clients informed rests on attorneys, not clients. But on the theory that if the attorney screws up it's the client who usually suffers, here are a couple of steps that defendants can take to try to secure effective communication with their lawyers:

What is the ethical rule for lawyers?

One of the fundamental ethical rules for lawyers is that they are not supposed to communicate with opposing parties who are represented by counsel. Model Rule 8.4 at least implicitly extends this prohibition to paralegals as it prohibits attorneys from directing others from doing something they are not allowed to do.

Can an attorney exploit a non-attorney?

Sadly, many of the above tips involve deceitful behavior by attorneys seeking to exploit your non-attorney status for their own gain. Most would never do that, but those willing to cross that line will be tempted to cross it often. Always have a good grasp of your firm’s expectations when it comes to communications with opposing counsel, and don’t ever be afraid to tell an opposing attorney, “I can’t talk about this until I speak with my supervising attorney.”

Do opposing law firms have kinship?

Any litigator knows that some cases drag on for years. Over that length of time, opposing law firms can develop a sort of kinship with each other. In fact, some attorneys make a big production out of calling for “professional courtesy” between opposing firms. Watch out.