talking to one who you know has a lawyer

The general rule is that an attorney cannot speak with a party they know to be represented. However, for example, in CA, the exceptions to that rule include conversations initiated by the represented party for the purpose of getting a 2nd opinion. 0 found this answer helpful

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Can a lawyer talk to a party they know they represent?

Not when you just call on the phone spontaneously and vent about how bad your current lawyer is. The general rule is that an attorney cannot speak with a party they know to be represented. However, for example, in CA, the exceptions to that rule include conversations initiated by the represented party for the purpose of getting a 2nd opinion.

Is it legal to talk to a lawyer on the phone?

No, unless your own attorney allows it, which is rare. Also, most attorneys have no desire to talk to a represented party, even if permissible for some reason. Report Abuse

When should you contact a lawyer?

For example, if you're being mistreated at work and want to know what your rights are, or you've been a victim of fraud or theft, speaking to a lawyer is a good idea even if nothing comes of it. Similarly, consult with a lawyer if you have a brilliant idea and want to make sure it's not stolen, or want to start your own business.

Why is the first conversation with a lawyer so important?

A productive first conversation will give both you and the lawyer on the other line a better idea of whether or not you can work together. While most of us think lawyers "take" our cases, the relationship is a two-way street. Your lawyer is your legal representation, which means you have a say in the matter too.

Is a conversation with a lawyer confidential?

As a general rule, any communication between a lawyer and a client is confidential and subject to the attorney client privilege. The attorney cannot tell that information to anyone without the client's consent. Importantly, this privilege applies to the lawyer's prospective clients, as well as actual clients.

When can a lawyer communicate about a legal matter with someone who already has a 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.

Can I communicate directly with opposing counsel?

No California legal ethics rule expressly prohibits a non-lawyer client from contacting another party directly, although clients cannot be used as conduits for indirect prohibited contact from lawyers.

How do you interact 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 would be a conflict of interest for an attorney?

A conflict of interest means a situation where your separate duties to act in the best interests of two or more clients in the same or a related matter conflict. For this situation to happen, you must be currently acting, or intending to, act for two or more clients.

Do lawyers have to talk to each other?

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.

What is the no contact rule for lawyers?

The no contact rule There has long been an ethical prohibition on a solicitor contacting the client of another solicitor directly without the express permission of that solicitor or the existence of very urgent circumstances. Such a prohibition is now contained in professional conduct and practice rules.

How do you deal with aggressive opposing counsel?

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.

How long do lawyers have to respond to each other?

Scott Aalsberg Esq. A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

How do you approach a lawyer for the first time?

Tips When Calling a Lawyer for the First TimeContact information – Have your contact information ready to provide to the attorney. ... Have a summary of your issue(s) – Before contacting an attorney, give some thought to your issue(s) and summarize the key aspects of your problem.More items...•

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

How do you start a message to a lawyer?

Begin your traditional letter or email with "Dear Mr. ..." or "Dear Ms...", followed by the attorney's surname and a colon. For example, use "Dear Mr. Smith:" to address the attorney. If you write legal letters frequently, save this template to use in future correspondence.

Can an attorney speak with a party they know to be represented?

The general rule is that an attorney cannot speak with a party they know to be represented. However, for example, in CA, the exceptions to that rule include conversations initiated by the represented party for the purpose of getting a 2nd opinion.#N#More

Is it illegal to speak to a different lawyer?

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.

Can a potential client fire a lawyer without speaking to another lawyer?

However, it really is impossible for a potential client to know if he should fire his lawyer without speaking to another for a second opinion.

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.

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.

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.