why would attorney refuse to communicate with other party

There is absolutely no excuse for an attorney to fail to communicate with his clients. If such lawyers put themselves in the shoes of their clients, they would realize that these folks are anxious, concerned about being involved in the legal system, worried about money, or going to prison, stressed out about the entire situation.

Full Answer

Can my attorney refuse to talk to me?

The attorney's refusal to communicate with you indicates that perhaps that hasn't been the case. * This will flag comments for moderators to take action. The attorney can indeed refuse to talk to you, although it is unusual and may not be the wisest thing for him or her to do.

Can a lawyer communicate with the represented party about other matters?

The Rule applies not only to parties to pending litigation and administrative proceedings, but also to represented parties to any pending transaction or negotiation. 3 Question No. 4: May the lawyer communicate with the represented party about other matters? Answer: Yes.

Can the opposing attorney contact me without my counsel’s permission?

If you are not represented you may speak to the other party or their attorney. The attorney must communicate with you unless you are represented then the opposing attorney must not contact you without your counsel's permission. * This will flag comments for moderators to take action.

Can a lawyer communicate with a client directly?

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 you are not represented in a court case?

If you are not represented you may speak to the other party or their attorney. The attorney must communicate with you unless you are represented then the opposing attorney must not contact you without your counsel's permission.

Can my sister's attorney talk to me?

If you are not represented by an attorney there really is no reason your sister's attorney can't talk with you. I can understand why she won't - family matters such as this often end up in litigation and she does not want to compromise the interests of her client (your sister). You should seek legal help and if you and your attorney determine that you don't need legal assistance you can proceed on y our own. These matters are often more complicated that one may assume.

Do you have to retain an attorney for your sister?

You have no obligation to retain an attorney. Your sister's attorney has an ethical obligation to communicate with you. However, if you choose to represent yourself in this matter, you have an obligation to act like an attorney.

Can an attorney speak to another attorney?

An attorney is not generally permitted to speak and deal directly with another attorney's client. But you are not a represented party. However, I know of no rule that requires either that he refrain from speaking to you or that you hire an attorney if you don't want to. I also know of no rule requiring him to speak with you.

Can an attorney force you to get your own attorney?

The attorney does not need to talk with you, but he/she cannot force you to get your own attorney. Since the attorney has indicated he/she will not communicate with you, that implies that you are free to discuss this with your sister, directly. I do not think the attorney could prevent that, anyway. Report Abuse.

Can you have a lawyer for your sister?

You should be able to communicate in writing with either your sister or her counsel. They cannot require that you hire an attorney. However, the parties can always speak if they choose. I suggest keeping communications written so that there is a clear record of what has occurred.

Can an attorney refuse to talk to you?

The attorney can indeed refuse to talk to you, although it is unusual and may not be the wisest thing for him or her to do. Indeed, your sister could direct your attorney to not talk to you, and the attorney would need to follow this direction.

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 rule of not communicating?

The Rule refers to "communicate", not "contact.". The lawyer has the obligation to not participate in the communication initiated by a represented party unless and until the party's attorney consents. 6. Question No. 7: May the lawyer communicate with a represented co-party (as opposed to an adverse party) in a lawsuit without the consent ...

What is the Supreme Court Rule 182?

Answer: Supreme Court Rule (SCR) 182 [Model Rule (MR) 4.2] 1 prohibits a lawyer from communicating "about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so."

Does a lawyer state that a client is disinterested in a lawyer?

SCR 183 (MR 4.3) provides that, "In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested.

Is post trial communication allowed?

Answer: This is allowed when permitted by law. "Permitted by law" has been interpreted to mean that post-trial communication with discharged jurors is permitted, except when statute, local court rule, or an order from the judge presiding in the case prohibits it. ENDNOTES.

Can a lawyer communicate with a former employer without their consent?

Answer: The general rule is that they are no longer protected and the lawyer may communicate with them without the consent of their former employer's attorney — as long as they are not in possession of attorney/client privileged information or work product related to the case or matter.

Does a lawyer have to have actual knowledge of representation?

Answer: There is a split of authority on this question. Some authority says that the lawyer must have actual knowledge of the representation, but that actual knowledge may be inferred from the circumstances; 8 some go so far as to say that the lawyer has no duty to inquire and "knows" does not mean "should have known"; 9 others impose a duty to inquire on the lawyer. 10

Does the prohibition apply to all parties?

Answer: No. The prohibition applies to all represented parties, regardless of which "side" they are on in a case. 7

What are the causes of legal malpractice?

Failure to communicate – the most common cause of legal malpractice suits and complaints 1 Too busy 2 Case not going well 3 Difficult client 4 Delays from other side 5 And so on

Why do I like to look at ethics questions on Avvo?

I like to look at the ethics questions because it gives me a sense of what is going on in the mind of the average client. The most common complaint I see involves attorneys who fail to communicate with their clients.

Is it unethical to not respond to a client?

Lawyers are in the communication business. Failing to respond to the client is not only unethical, it is likely to lead to ethics complaints. I imagine responding to an ethics complaint takes a lot longer than making a quick phone call.

Can an attorney fail to communicate with clients?

There is absolutely no excuse for an attorney to fail to communicate with his clients. If such lawyers put themselves in the shoes of their clients, they would realize that these folks are anxious, concerned about being involved in the legal system, worried about money, or going to prison, stressed out about the entire situation. Then, to have the person they hired to protect them simply refuse to respond when they call, well, that is, frankly, disgraceful behavior.

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.

What to do if opposing counsel isn't responding?

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.

What is lack of communication?

Lack of communication can be a delaying tactic by counsel, or another intentional strategy. If direct contact with the adverse party is made, you should question the party again to see if they are represented. If so, stop further communication and tell the party to refer the communication to their counsel. If the party says they terminated the ...

When communicating with the accused in a criminal matter, must a government lawyer comply with this rule?

When communicating with the accused in a criminal matter, a government lawyer must comply with this Rule in addition to honoring the constitutional rights of the accused. The fact that a communication does not violate a state or federal constitutional right is insufficient to establish that the communication is permissible under this Rule. ...

Can a lawyer request a court order?

A lawyer may also seek a court order in exceptional circumstances to authorize a communication that would otherwise be prohibited by this Rule, for example, where communication with a person represented by counsel is necessary to avoid reasonably certain injury.

Can a lawyer make a communication prohibited by this rule?

A lawyer may not make a communication prohibited by this Rule through the acts of another. 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.

Is consent required for a lawyer to communicate with a former constituent?

Consent of the organization’s lawyer is not required for communication with a former constituent. If a constituent of the organization is represented in the matter by his or her own counsel, the consent by that counsel to a communication will be sufficient for purposes of this Rule. Compare Rule 3.4 (f).

Can a lawyer evade the requirement of obtaining the consent of counsel by closing eyes to the obvious?

See Rule 1.0 (f). Thus, the lawyer cannot evade the requirement of obtaining the consent of counsel by closing eyes to the obvious.

What happens if an attorney liases with your spouse?

If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.

What happens if you appeal a family court decision?

If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.

Can you sue for undisclosed conflict of interest?

You should sue for undisclosed conflict of interest. At the very least, file a complaint with the State Bar Association or whoever it is in your state that hear s such things. Seriously. CLAIM DAMAGES.

Do judges know the laws in Florida?

And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.

Do we own our attorneys?

Absolutely ! Most have no idea that here in the USA, we do not own our attorneys when we hire them. Attorneys are agents of the court. In essence, we only rent attorneys to represent us in our legal matters. An attorney’s (demanded) allegiance is always to the court first. The client and his/her interests come dead last. The BAR Association (British Attorney Registry) demands that each attorney collude and work for the court. A “client’s best interest” is only a phrase used by attorney’s to catch more clients and make more cash. Attorneys make great actors, they need to be good actors as in many court rooms, they are only acting a part where the script has already been written.