You could send them a letter, perhaps from a lawyer (either certified mail or delivered by a process server) telling them to stop contacting you or you will be forced to seek legal remedies. If they get the letter and still contact you, a judge will most likely grant you later request for an anti harassment order. Report Abuse
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A brief letter asking the person to quit contacting you by phone, by text, by email, by letter, by visit, by Facebook, by Twitter, or any other way ought to do the trick. You can make it polite, but don't leave any room for doubt that you want to be left alone. You don't need to say why, just ask to be left alone.
Nor does this Rule preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter. A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a).
A party who is represented by counsel cannot be contacted directly by opposing counsel unless that party and opposing counsel expressly authorized direct contact.
Answered on Nov 15th, 2012 at 3:23 AM You could send them a letter, perhaps from a lawyer (either certified mail or delivered by a process server) telling them to stop contacting you or you will be forced to seek legal remedies.
California Rule of Professional Conduct 2-100(A) prohibits a lawyer from communicating about a matter with a party known to be represented by a lawyer without the prior consent of that lawyer. Rule 2-100 defines “party” broadly.
(A) 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 lawyer.
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 ...
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.
The most common conflict of interest in a criminal litigation scenario is when a lawyer is asked to represent two or more clients in relation to the same matter.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person 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 to do so by law or a court order.
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.
The privilege shields from discovery advice given by the attorney to the client as well as communications from the client to the attorney. Voluntary disclosure of privileged communications to a third party results in waiver of the attorney-client privilege unless an exception applies.
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...•
Paralegals handle a large range of work delegated to them by an attorney. One of the most important duties of a paralegal is communicating with opposing counsel. In any given case, there can be hundreds to tens of thousands of pages of documents to review and exchange with opposing counsel.
(a) In representing a client, a lawyer shall not communicate directly or indirectly about the subject of the representation with a person* the lawyer knows* to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer.
An attorney does not only represent their client in civil and criminal proceedings but can also be charged with the duty of drafting various documents such as wills, contracts, registering companies, trademarks and the transfer of immovable property.
You file a complaint with the police for harrassment. They will usually first contact her and warn her. If it Continues then go back to police and they will take appropriate action.
Have a local attorney send her a cease and desist letter. If that does not work, you'll have to get a restraining order. If she ever threatens you with harm, call the cops. If you can block her number that might save you the headache.
Maybe put it in writing before having to go through all the other legal steps. Ultimately you can get a restraining order.
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. ...
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.
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.
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).
See Rule 1.0 (f). Thus, the lawyer cannot evade the requirement of obtaining the consent of counsel by closing eyes to the obvious.
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) ...
In representing a client, a lawyer shall not communicate about the subject of the representation with a person 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 to do so by law or a court order.
In this situation, the attorney is not acting as both counsel and client, but is rather is only a client who has retained representation. PBA Opinion 2017-200 found that when an attorney is represented by counsel, Rule 4.2 does not apply, reasoning that Rule 4.2 only applies when an attorney is acting in the role of representing a client ...
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.”.
The fundamental principle underlying Rule 4-4.2 “Communication with Person Represented by Counsel,” commonly known as the “no contact rule,” is that a lawyer may not communicate with a represented person without the consent of the other person’s lawyer.
Some commentators argue that the constitutional right of free speech and the right of the people to petition the government to redress grievances provide the right for an attorney to communicate directly with the government. But no authority translates these rights as an exception to Rule 4-4.2. 17.
Permitted communications include, for example, the right of a party to a controversy with a government agency to speak with government officials about the matter.” 13. Any consideration of what are “permitted communications” must begin with the legal effect of the comments that follow each rule.
The rule does not support a communication bar on all officers and employees simply because the entity retains a general counsel. The bar applies to represented matters referred or handled by the general counsel. The same bar applies to communications with government officials and employees.
an attorney needs consent when communicating with the other lawyer’s client. The rule applies when communicating with a private person or an organizational entity. The communication bar applies to officers, managing agents, and employees who are directly involved in the represented matter.
Thus, a blanket prohibition in the private sector is not permissible. In regard to government entities, a blanket communication bar is likewise not supported either in the rule or under the ethics opinions. Opinion 09-1 concludes that an absolute bar is not the “intent” of the rule. What Is the Scope of “Permitted Communications” ...
In representing a client, a lawyer shall not communicate about the subject of the representation with a person 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 to do so by law or a court order.
But, in the end, it is an unsettled question as to whether the client, herself, can function as the lawyer’s conduit.