is it legal to talk to another lawyer when you have a lawyer

by Edgar Lakin 6 min read

It is not illegal to speak to a different lawyer if you already have one (2nd opinions are okay and sometimes encouraged and required), the attorneys don't want to be scene as interfering in an existing attorney client relationship. Think of it like this. Imagine you are a roofing company and won a bid...

The general rule is that an attorney cannot speak with a party they know to be represented.

Full Answer

Is it illegal to speak to a different lawyer?

Jan 29, 2015 · It is not illegal to speak to a different lawyer if you already have one (2nd opinions are okay and sometimes encouraged and required), the attorneys don't want to be scene as interfering in an existing attorney client relationship. Think of it like this.

How to talk to a lawyer about a legal matter?

By Brian Farkas, Attorney. Updated: Jul 23rd, 2020. In matters of civil law, you generally have the right to replace your attorney whenever you want to, for whatever reason. In criminal matters, you can also replace your defense attorney, though that ability might be subject to court approval in certain circumstances.

Can a lawyer speak to a person who is represented by counsel?

Jul 03, 2014 · Answered on Aug 25th, 2014 at 11:27 AM. 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. The reason for this rule is so that people who are represented by lawyers get the benefit of that representation by prohibiting other …

Can a lawyer from the same firm argue for both parties?

A lawyer who has received a client's confidences cannot repeat them to anyone outside the legal team without the client's consent. In that sense, the privilege is the client's, not the lawyer's—the client can decide to forfeit (or waive) the privilege, but the lawyer cannot.

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Can my lawyer talk to the other lawyer?

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.

Do opposing lawyers 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 should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What is the no contact rule in law?

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.

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

Do lawyers get along with each other?

In most counties and especially in the area of family law, the lawyers know each other well because they practice in front of the Judges and among themselves so often. So, it is possible they will know each other well – sometimes being friends and sometimes being the opposite.Apr 11, 2016

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

Should you tell your lawyer everything?

The best strategy for someone facing criminal charges is to follow the lead of an experienced, trusted criminal defense lawyer, and no matter, to be truthful with that lawyer. An attorney who has your best interests in mind will advise you regarding the possibilities and your best course of action.

Can a paralegal communicate with an opposing party?

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.Sep 22, 2020

Does the no contact rule apply to in house counsel?

A good example of this is the "no contact" rule. This rule states that an attorney should not speak to a person known to be represented by another counsel unless that other counsel has given consent for the attorney to speak directly to their client.Apr 18, 2016

Can represented parties talk to each other Texas?

Under the Texas Disciplinary Rules of Professional Conduct, a lawyer who is a party in a legal matter but who does not represent any other party in the matter may communicate concerning the matter directly with a represented adverse party without the consent of the adverse party's lawyer.

How to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever. Common problems that clients report with attorneys include: 1 Poor results. The lawyer is simply not achieving the results you were led to believe he or she could achieve. 2 Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. 3 Lack of professionalism. The lawyer perhaps arrives late to meetings, doesn't remember key facts about the case, cannot find documents already provided by the client, and even forgets to submit documents by key deadlines.

Why is it important to choose a lawyer?

Choosing a lawyer is a crucial step in the resolution of your legal matter. Whether you are a plaintiff or a defendant, or merely a party looking for counsel, the right lawyer is key. But like all relationships, the lawyer-client relationship does not always last forever.

Why do judges get annoyed with lawyer shopping?

Judges in particular might become annoyed at a client who is "lawyer shopping," because this delays the matter and clogs their dockets. It also suggests that you are a difficult client, or that your claims are not meritorious.

What are the bad things about lawyers?

Bad communication. The lawyer is not communicating about crucial legal matters and decisions, leaving you uncertain of where your matter is or what's expected of you. Lack of professionalism.

Does a lawyer-client relationship last forever?

. . . like all relationships, the lawyer-client relationship does not always last forever.

Is a lawyer responsible for your own legal affairs?

One important thing to realize is that, even though you hired the services of a professional, you are still ultimately responsible for your own legal affairs, and for what your lawyer says and does on your behalf. If you believe there is a problem with the service you are receiving, it may be vital to your interests to do something about it.

What is privileged attorney?

The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients ...

Why is confidentiality important in law?

The duty of confidentiality prevents lawyers from even informally discussing information related to their clients' cases with others. They must keep private almost all information related to representation of the client, even if that information didn't come from the client.

What is the client privilege?

The Client's Privilege. Generally, the attorney-client privilege applies when: an actual or potential client communicates with a lawyer regarding legal advice. the lawyer is acting in a professional capacity (rather than, for example, as a friend), and. the client intended the communications to be private and acted accordingly.

What is an example of a civil suit?

Example: In a civil suit regarding allegedly stolen funds, the judge orders the defense to turn over to the plaintiff documentation of conversations between the defendant and his attorney. The defense argues that the attorney-client privilege applies, and that the documents are protected. But the documents relate to plans between ...

Can an attorney disclose client secrets?

Under that rule, attorneys may not divulge their clients' secrets, nor may others force them to. The purpose of the privilege is to encourage clients to openly share information with their lawyers and to let lawyers provide effective representation.

Is attorney client privilege inadmissible?

If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.

Can a client forfeit the attorney-client privilege?

No matter who hears or learns about a communication, however, the lawyer typically remains obligated not to repeat it.

Harold W. Whiteman Jr

You say you had never met the lawyer before this conversation occurred which makes me wonder if you had really retained them. Was this an appointed attorney? If in fact you had engaged the attorney or they had been appointed to defend you, then certainly they should not have discussed specific facts without your permission.

Robert A. Stumpf

I agree you might have a point here, though I am not sure why the family member was speaking to the lawyer in the first place.

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.”

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.

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.

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.”

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.

Why do lawyers recommend settling cases?

So in the end, the reason attorneys recommend settling, is because it is more likely to final, to end stress, stop burning time and cash that could go to more productive things in the client’s life.

What to do if an attorney promises a particular outcome?

First of all, if an attorney promises a particular outcome, find another attorney. There are typically too many other people involved, each having his/her own opinion of a matter, for one person to guarantee an outcome. (And the rare attorney that always wins is smart enough to never make such a promise.)

Why is honesty important in a lawyer?

Honesty is important: it is common to have conversations with the client in which you discuss weaknesses in the case and what may realistically be achieved , and so long as you as a lawyer are honest about expectations, there's nothing wrong with taking a non-frivolous case you believe to be an uphill battle.

Can a pediatrician perform heart surgery?

And just as you wouldn’t expect a pediatrician to perform heart surgery, you wouldn’t necessarily want yo . In the American system, it is fairly common for a client to hire multiple firms to handle the same case, and there is nothing impermissible about this practice. When a client has multiple, distinct cases, hiring two or more firms is not just ...

Can a lawyer represent two clients at the same time?

In criminal cases, while it’s not technically disallowed for a lawyer to represent two clients at the same time in a criminal case, potential conflict of interest is asking for a lot of trouble.

Is it profitable to settle out of court?

It is generally not more profitable to the attorney to settle out of court, in fact it is often less profitable. However, most attorneys actually put their client’s welfare ahead of pure profit. To understand why that is a good idea using game theory, you need to distinguish finite vs. infinite games.

Can a lawyer provide outstanding representation?

A lawyer can still provide outstanding representation by achieving a result that is better than the client has any objective right to expect, even if that result isn't total victory. For example, in a case where a client has $20 million in legitimate exp. Continue Reading. No.

Can you report a man who is romantically involved with his client?

If you have proof proof, not suspicion that he is romantically involved with his client, you could report him to the California State Bar Association, as that is an ethical violation. Don't threaten to report him, as that would be wrong, but you have the right to report him for such wrongdoing.

Can an attorney use threats against someone?

An attorney cannot use threats against someone to gain an advantage in a civil matter. However, the attorney can warn that person that he is about to file a lawsuit to resolve a matter.

Can an attorney write a demand letter?

It is permissible for an attorney to write a demand letter and say that he will file suit if you don't pay the demand, but after that, he ought to just sue or shut up. You don't have to meet him personally, and you probably should not. If you have proof proof, not suspicion that he is romantically involved with his client, you could report him to the California State Bar Association, as that is an ethical violation. Don't threaten to report him, as that would be wrong, but you have the right to report him for such wrongdoing. You can also hire an attorney to represent you in this matter, and that will put a stop from the attorney's contacting you at all. Good luck.

Is an in person meeting a good way to resolve a dispute?

Sometimes an in-person meeting is a good way of resolving disputes without resorting to a lawsuit. That being said, in the situation you describe, the aggrieved party should at least consult with an attorney to go over the specifics, the background, the evidence and then options and recommendations. It will be worth the cost of the consultation fee.

Is it unethical to threaten a lawsuit?

It is not unethical to threaten a lawsuit if you refuse to negotiate a settlement. You, or whoever is receiving the message should offer to consider any demands, but let the lawyer know you are uncomfortable meeting, if you are. If the lawyer becomes uncivil, or threatens action he knows he cannot take, such as threatening criminal charges, that would be unethical.

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