lawyer when someone wants to speak about someone else's case

“If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,” igorstevanovic/Shutterstock Be honest, expect honesty It’s imperative that both the lawyer and the client approach one another with complete honesty, attorney Paul Edelstein, tells Reader’s Digest.

Full Answer

Can I talk to someone who claims to be an attorney?

Jun 25, 2015 · Generally you may engage and pay a lawyer to represent someone else. Insurance companies do this daily. There are exceptions. A licensee of the Texas Real Estate Commission may not hire an attorney for someone else. But regardless and as already stated, the confidential relationship will exist between attorney and client only. Not you.

Can a lawyer advise a client to do something illegal?

Aug 22, 2012 · The lawyer did not give a good impression to my family and sounded more like the prosecutor instead of defense lawyer . I am now asking about a refund policy he stated I get nothing back however he has not put in any man hours into the case I have not yet been to my 1st court date yet he even threatened to revoke himself from the case after I ...

Can a lawyer tell other lawyers what a client reveals?

Originally Answered: When a lawyer and his client refuse to talk to you, is the only way to get them talking is to have your lawyer to talk to them or file a lawsuit against them? In theory there is no way to get anyone to talk to you, even if you file a lawsuit, except if the lawsuit seeks an injunction (a court order) that someone talk to you, and it is hard to imagine such a lawsuit …

What happens if someone tries to contact you without an attorney?

Feb 28, 2014 · An attorney does not necessarily have to disclose his client..however you do not have to talk to that attorney unless he sends you a legal subpoena for discovery An attorney cannot talk to you directly if you are on the other side of a case and represented by an attorney that is a violation of the Code of Professional Ethics.

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

Can you talk about a case?

Do not talk to anyone regarding anything about your case without first discussing the matter with your attorney. Because of attorney-client privilege, your attorneys are ethically bound to keep any conversations between you confidential.

Can lawyers talk about past cases?

The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.

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.

Can you talk about a court case on social media?

Can those comments be used in court? Whether it's Facebook posts and comments, Instagram pictures, Twitter tweets or YouTube videos, the short answer is yes: both public and private social media content can be admissible in litigation.Mar 3, 2021

When can I talk about a court case?

You are allowed to tell another person about your case if it is necessary in order to get confidential advice and support about your case. That person must not pass information on to any other person and you must check they understand this.

Can my lawyer represent me in court without me being there?

An accused person can have a lawyer appear for him/her only when the court allows him/her to complete, in open court, a written waiver of his/her right to be physically present.

What is it called when a defendant represents himself?

What Do the Terms "Pro Se" and "Pro Per" Mean? Judges and lawyers typically refer to defendants who represent themselves with the terms "pro se" (pronounced pro say) or "pro per." Both come from Latin and essentially mean "for one's own person."

Can my lawyer talk to the other party?

6.03 (5) A lawyer shall not in the course of a professional practice send correspondence or otherwise communicate to a client, another licensee, or any other person in a manner that is abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer.

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?

Rule 4.02(a) generally provides that, in representing a client, a lawyer shall neither communicate nor “cause or encourage” another to communicate about the subject of the representation with a person or entity the lawyer “knows to be represented by another lawyer” without consent of the other lawyer.May 1, 2013

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.

Why do lawyers yell at people?

Yelling at a person whose life is in chaos isn’t helpful and it certainly isn’t going to help your working relationship with them. Not all lawyers are able to separate their emotions from their clients’ emotions. This is why drug use, drinking, gambling and other damaging addictions are so prevalent in lawyers.

Why do new attorneys incur additional costs?

On the defense side, the new attorney may incur additional costs coming up to speed and potentially re-doing work already done or not using the work already done because a different strategy is being chosen. Before discharging your lawyer, take the time to examine costs of doing so.

Can an attorney speak to a person without their permission?

In the real word, clients are often advised by their attorneys not to speak to certain people, like opposing parties or potential witnesses, and if an attorney knows a person is represented by an attorney, the rules of legal ethics forbid speaking to that person without the permission of the other attorney.

Is a lawyer mean in delivery?

The lawyer might not be “mean” in delivery, but the “truthful” communication bothers the client. Facts that are paramount to the client might not be relevant to the case. When the lawyer “ignores” such, or tells the client that it doesn’t matter, it can come off as “mean.”.

Can a lawyer discuss a client's case with a third lawyer?

Some lawyers include a clause in their contracts saying that they may discuss the client’s case with a third lawyer at no expense to the client, and explain to the client what that means, giving the client the opportunity to reject the clause.

What happens if an attorney does not represent the client?

If the attorney does not represent the client, which I would ask to be confirmed in writing, then you have no obligation to provide any information regarding a case. In some situations, (such as if YOU were an attorney yourself), it would be an ethical violation for you to say anything.

What happens if you don't disclose who you represent?

Furthermore, if you or your company is involved with litigation and represented by an attorney already, any other attorneys should never contact you but should go through your attorney directly. This is an ethical rule. If the person tries to contact you again instead of your attorney, let your attorney know right away.

What is Ernest V Linek?

Ernest V Linek (Unclaimed Profile) The identity of a client is usually considered to be confidential information - so the attorney was correct in not answering your question. Usually, it is only after the client grants permission to the lawyer to reveal the relationship - then the attorney is permitted to do so.

What is the obligation of a real attorney?

A "real attorney" has an obligation to maintain client confidentiality and not tell any Tom, Dick or Harry who s/he represents unless the client has specifically authorized them to do so.

Do you have to disclose the name of the client in a lawsuit?

In that case, the attorney doesn't need to disclose the name of the client. However, your situation sounds a little suspicious. If your company is involved in law suit with an individual, your company's attorney should be talking with the individual's attorney.

Can an attorney disclose who they are working for?

An attorney is not allowed to disclose who they are working for, unless they have that person's permission. Attorneys,for example, are not allowed to post a listing of their clients, unless each clients has given permission to be on the list. It is rarely in the client's best interest to have it revealed who their attorney is, and so the attorney should rarely ask to list such things. But, if an attorney is representing a person in a particular matter and if they are contacting an opposing party, then they should say who they are representing. But, this is not always the case and it depends what the situation is. For example, lawyers are allowed to act on someone's behalf and not reveal who they are working for, or even that they are working for anyone. This is often the case, especially in big real estate bargaining. However, if someone calls you for information and you are not satisfied that they have a right to know, you do not need to answer or give them any information at all. If a lawyer is representing a person and is going to discuss or negotiate on the person's behalf, they will let you know they are engaged to represent the person in that dealing. If there is a court case pending and a lawyer is officially representing a party, they will put their name on the court filings, and will often send letter saying whom they represent. Often, a lawyer may seek information on behalf of a client, but not want to reveal for whom they work. It is up to you to decide whether you wish to give such a person information. The one main thing a lawyer cannot do is lie and say they represent someone they do not represent. So if you ask a lawyer whom they represent in the matter, if anyone, the lawyer is not allowed to falsely name someone. But, they can refuse to answer, and you can refuse to discuss with them. However, in some locations, there are special rules about a lawyer acting as a real estate agent being allow to bluff certain things. To accurately answer your question, I would need all the details.

Is the identity of a client confidential?

The identity of a client is usually considered to be confidential information - so the attorney was correct in not answering your question. Usually, it is only after the client grants permission to the lawyer to reveal the relationship - then the attorney is permitted to do so.

What to do if you think you've been slandered?

If you think you've been slandered or libeled, it's best to contact a local attorney with experience in defamation law.

How to win damages against someone who libeled you?

To win damages against someone who has libeled you, you must prove the written statement was: false. harmed your reputation or your business’s reputation. published to at least one other person. about you or your business specifically, and. made with some degree of fault and intention.

How is slander similar to libel?

Slander is very similar to libel in that it also involves a knowingly false statement. The difference is that it lacks the requirement of “publication” in writing or through other media. Slander is spoken defamation, whether the false statement is made at a cocktail party or at a local town hall. Importantly, you don't have to prove actual harm ...

Why is it important to keep a log of slander?

These sorts of letters serve as evidence to the court that you acted in good faith to negotiate a deal before jumping to litigation. A slander case is more difficult to prove, as a verbal statement isn’t lasting. It’s a good idea to keep a log of when and where the slanderous comments occur, and exactly what was said.

What is the difference between defamation and slander?

Defamation is a false statement communicated to someone else to damage your reputation or good name. Defamation through writing is called “libel”; spoken defamation is called “slander.”.

What happens if someone spreads falsehoods about you?

If someone spreads falsehoods about your competence or skill, your professional reputation might suffer, resulting in lost business or career opportunities. Even though it can be difficult to quantify the exact amount of economic harm, the law provides causes of action against people who lie about you.

What to do if you've been libeled?

If you've been libeled by a public media such as a newspaper, TV station, or magazine, the first thing to do is to demand a retraction. If the defamation is ongoing, you will probably want to send a "cease and desist" letter demanding that the defamation stop immediately.

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.

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 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.

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 does the Attorney Act say about the defendants?

The Attorney Act says, “Plaintiffs shall have the liberty of prosecuting, and defendants of defending in their proper persons.”. For federal courts, federal law says pretty much the same thing. “In all courts of the U.S. the parties may plead and conduct their own cases personally or by counsel .”.

Why won't the judge let you appear for your friend?

The court thought that the public was vulnerable to “the mistakes, the ignorance and unskillfulness of pretenders.”. The pretenders would be the people without a law license. That’s why the judge wouldn’t let you appear for your friend. Also, for example, a non-attorney can’t help you with a real estate closing.

What is the Attorney Act?

In 1839, the Illinois Supreme Court said the Attorney Act protects the public “against the practices of those who might seduce their confidence and induce them to trust the latter in the management of important interests.”. The court thought that the public was vulnerable to “the mistakes, the ignorance and unskillfulness of pretenders.”.

Can you represent yourself in court?

In court cases, you can either represent yourself or be represented by a lawyer.

Can a parent represent a minor in court?

Parents cannot, however, represent their minor children. A parent can be their child’s named representative on court papers. They still cannot be their in-court representative. An Illinois court said: “one not authorized to practice law may not represent a minor in a court of record.”. The same applies in federal court.

Can a non-lawyer represent you at a hearing?

Some federal and state agencies allow non-lawyers to represent others at administrative hearings. For example, non-lawyer representatives are permitted at Social Security and Unemployment Benefit hearings. (However, not at Worker Comp hearings.) In some private arbitration proceedings, non-attorneys are allowed.