how to talk with someone else's lawyer

Meeting with a lawyer for the first time

• Know your narrative. One of the things your potential attorney will be assessing when you're sitting together is whether...
• Be honest. Your attorney can't help you if you don't help yourself. Many people try to make themselves look better than...
• Play it cool. We know that you have been through an extremely trying experience and...

Full Answer

Is it possible to talk like a lawyer?

If you are not either a lawyer or an adept sociopath, you cannot reasonably talk like a lawyer. If you try, you will convince only a few people who know nothing about the law or how lawyers talk, appear strange and suspicious to anybody with common sense, and be an obvious fraud to anyone with legal training. You can speak reasonably, though.

How do I communicate with my lawyer?

Much of your communication may be with the lawyer’s staff. You should ask the lawyer who on the staff you will communicate with. Also ask to meet this person. For example, the lawyer may have a case manager who is in charge of most communication. Meet that person, and ask them what their best method of communication is.

How should you interact with your lawyer?

Timothy Sandefur, a lawyer for the Pacific Legal Foundation, offers a few more useful tips on his blog about how to interact with your lawyer. For one, he notes, make sure to tell your story chronologically, completing every thought before moving on to the next.

Can a lawyer advise a client to do something illegal?

A lawyer should advise a client of possible actions to be taken in a case and then act according to the client’s choice of action — even if the lawyer might have picked a different route. One of the few exceptions occurs when a client asks for a lawyer’s help in doing something illegal, such as lying in court or in a legal document.

Can you talk to someone elses lawyer?

Yes, you are absolutely allowed to contact that attorney.

Should I talk to someone else's lawyer?

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.

Can I communicate with opposing counsel?

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.

How do you start a conversation with a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

What is the no contact rule in law?

According to Charles W. Wolfram's “Modern Legal Ethics,” the no contact rule, as a general proposition, prohibits a lawyer who is representing a client from contacting a party known to be represented by another party. The no contact rule first found its way into the American Bar Association's canons of ethics in 1908.

What do you do when opposing counsel won't respond?

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...•

Can represented clients talk to each other?

(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.

What to do when your lawyer stops communicating with you?

If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.

What happens if privileged information is voluntarily disclosed to a third party?

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.

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.

Who are lawyers most likely to marry?

Lawyers and judges Female lawyers and judges are most likely to marry male lawyers and judges. Male lawyers and judges are most likely to marry female lawyers and judges.

Are lawyers good in bed?

Why are lawyers so good at sex? Lawyers are confident, dominant, and even intimidating. While these are good qualities to have in the courtroom as well as in bed, good attorneys possess other qualities that make them exceptional lovers. They are innovative inventive and most importantly good listeners.

Know what to say to attorneys when you need to hire one after an accident

Meeting with an attorney for the first time is intimidating. What's a good strategy? How long is a free consultation, and how much does it cost to talk with a lawyer? These are all questions that someone who's been in an accident would have, and they're ones we answer here...

Meeting with a lawyer for the first time

Here are some tips for when you sit down with a lawyer. Remember, initial personal injury consultations are normally free of charge and could take anywhere from 15 minutes to more than an hour, depending on the complexities of your case.

What to say when calling an attorney

When you first call an attorney's office, you will likely speak to their assistant. It will not usually be the attorney him or herself who answers the phone.

What about phone consultations with a lawyer?

You may not always be meeting the lawyer in person. In some situations, you'll be having your consultation over the phone.

Listen to your lawyer

This is just as important as talking to your lawyer, because this is why you're seeking help in the first place.

Should a defendant's lawyer contact you?

The Defendant's lawyer should be trying to contact you as a likely witness for the prosecution to determine what you will say. Defendant's are entitled to have access to witnesses against them through their lawyers. If there are things that are beneficial to the defense that the prosecution knows they are also required to disclose them. You are free to talk to whoever you want, the prosecution or defense lawyers in a...

Can you contact a lawyer if you lied to the police?

Absolutely, you can contact that lawyer. Note that if you lied to the police about what happened, you probably want to do so through your own lawyer.#N#This is true if this is a criminal matter. If it is a civil suit and you have your own lawyer you should go through your lawyer. If it is a criminal matter, the prosecutor is NOT...

Can a defendant's lawyer speak to you?

The defendant's lawyer should not be speaking to you, before trial. You may get the opportunity to speak to the prosecutor, at pre-trial and then they can relay the info to the defendant's lawyer.#N#More

How to communicate with a lawyer?

1. Ask your lawyer how he or she communicates. Each lawyer is different. Some might prefer to communicate by email. Others may communicate by telephone. At your first meeting with the lawyer, you should discuss how you will communicate. Try not to demand that the lawyer use your preferred method of communication.

What to do if communication has broken down?

If you feel communication has broken down, address your own shortcomings. For example, you might not get requested information to your lawyer until right before a deadline. This makes it very difficult for a lawyer to represent you. Think about why you are struggling to communicate with your lawyer.

How to tell your attorney what to do if you don't know?

If you don’t, then you won’t know what information to tell your attorney. Take notes if you talk to your lawyer in person or over the telephone. Store your notes in the same place. For example, you might want to keep a special notebook for your case. Always review your notes before contacting your attorney.

What should I ask my lawyer?

You should ask your lawyer if he or she has any expectations for how you will communicate. For example, the lawyer will probably want you to respond to requests for information in a prompt manner. Also your lawyer will probably want you to notify them of any changes in your situation.

How to get a lawyer to agree to a dispute?

1. Organize your thinking. At your first meeting , you need to give your lawyer the background of your dispute. Your lawyer will need to know the “who, what, where, when, how, and why.”. You should spend time trying to get this information organized so that you can share it in a clear way.

How to stay informed about a lawsuit?

Stay informed about your case. You can communicate clearly only when you understand the status of your lawsuit. For this reason, you should commit to staying informed about your case. Try to understand the legal issues in dispute and the important facts.

Can a lawyer handle emotional breakdowns?

Your lawyer certainly understands that you have feelings and that this is a stressful time for you. At the same time, however, your lawyer is not a therapist and is not trained to handle emotional breakdowns or excessive venting. These types of outbursts hinder effective communication.

What is a potential money pit?

When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

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 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.

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 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.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What is the number one complaint against lawyers to disciplinary boards?

The number one complaint against lawyers to disciplinary boards involves failure to communicate.

What is precedent in the US?

Part of the system of justice adopted in the United States comes from a common-law system where precedent is an important element of understanding the law. Words like precedent are terms of art. The word or phrase takes on a unique, and often sole meaning for an event, concept, idea, or theory.

What does "eviscerate" mean?

Take for example the word eviscerate, which is found in legal opinions more than you might think. The word is commonly defined as “ to disembowel, ” which by itself is a bit offensive for many. But it also has a meaning of “to deprive of vital or essential parts,” which is much better in the communication of an idea.

What is a legal memorandum?

Legal memorandum, briefs, pleadings, and many other written communications rely on the lawyer’s ability to be informative and persuasive. Likewise, if the lawyer is a trial lawyer, or in some other way relies heavily on good speaking skills, then you will find certain paradigms that fit the need.

What are the two categories of lawyers?

There are, broadly speaking, two categories of lawyers: those who go into court ( including depositions) and those who do not. The difference is important to your question because those of us who go to court have a separate ear, so to speak, listening to how we are making our record.

Why are words there in a sentence?

Be logical, not sloppy. Words are there because they have specific meanings — precise or broad, factual or loaded with implication. Every word in a sentence is like a brick in a foundation, it is there for a reason, it has a purpose, it acts in concert with others to achieve a structure.

Do lawyers know what questions to ask?

Lawyers generally do know what questions to ask. That's their job — to ask questions. A good lawyer will know what questions not to ask. And the best lawyers know how to make people voulunteer answers to questions that the lawyers aren't legally allowed to ask.