what does it mean when someone is asking a lawyer for not having direct contact

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

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.

Can a lawyer call and not tell you who your client is?

You are right, it is very unusual for an attorney to call and not disclose who his client is. However, it can occur. However, you are under no obligation to answer any questions either. * This will flag comments for moderators to take action. I would contact your employer or their attorney and advise them of the situation.

Should anyone claiming to be an attorney contact me again?

Should anyone claiming to be an attorney contact you again, tell the caller to contact your attorney and do not disclose any information to the person. * This will flag comments for moderators to take action. In many circumstances, the identify of a lawyer's client is confidential information, and may not be disclosed without the client's consent.

What should I do if I find out someone is not an attorney?

If you find out the person is not an attorney, you should report them to the state bar and the local bar association for engaging in the unlawful practice of law. Never believe anything you can't or don't verify, especially what someone tells you over the phone.

What if my lawyer doesn't contact me?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.

Why would a lawyer contact me?

It could be that you are a witness to some event that they represent someone else for, they could represent a creditor of yours, or many, many, many other reasons.

What are the exceptions to the direct solicitation rule?

There are essentially only three exceptions to such contact: (1) direct contact with clients with whom the lawyer has had a prior professional relationship; (2) direct contact with individuals with whom the lawyer has an established personal relationship; or (3) solicitation of clients for “political” purposes rather ...

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.

How often should your lawyer contact you?

Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.

How long should it take for a lawyer to get back to you?

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.

What is direct solicitation?

Direct solicitation means solicitation of a consumer transaction initiated by a supplier, at the residence or place of employment of any consumer, and includes a sale or solicitation of sale made by the supplier by direct mail or telephone or personal contact at the residence or place of employment of any consumer.

Can lawyers poach clients?

Stealing clients from the firm can be a breach of fiduciary duty. Take, for example, the case of the Dowd and Dowd firm. When two partners decided to leave, they used confidential information to secure funding for a new firm, secretly contacted clients, and poached employees.

What is considered solicitation?

Solicitation is the inchoate offense of offering money to someone with the specific intent of inducing that person to commit a crime.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Why do lawyers not take cases?

A lawyer will consider the possible damages that may be awarded in the best case scenario. If these damages are less than the fee that he or she would likely collect, the lawyer will likely not take the case and recommend that the client not pursue it.

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 to do if an attorney refuses to answer your question?

If the attorney refuses to answer your question, simply hang up on him or her. Just because the person is an attorney, that is no license to be rude.

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.

How to know if a lawyer is a lawyer in Oregon?

If a person is really an attorney, they'll have an identifying number with the Oregon State Bar (this answer applies to Oregon). You can then check them out professionally at osbar.org. Oddly, if the client has asked that the lawyer keep his name confidential, then the lawyer can't tell you who he represents. However, I'm pretty sure that you can then refuse to answer any questions in other words, you don't give any information until they tell you who's asking. Your company should have legal representation, and you need to tell your company's attorney about this contact.

What to do if you don't like comments?

If you don't like the comments, hang up the phone.

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.

How to contact your attorney about a counter suit?

Tell them to contact you only via your attorney. Do this by email or registered mail with return receipt requested and keep a copy. When you get the receipt, attach it to the copy. Send a copy of both to your attorney. Respond to email with the same statement, with a cc to your attorney. Don’t respond to any further emails. Hang up when they call. And keep a journal listing each email and telephone call. Speak to your attorney about a counter suit.

What happens if your lawyer isn't dead?

Lawyers have an ethical responsibility to be timely in their communications with clients about ongoing matters. If your lawyer isn’t dead, and didn’t communicate something like “My representation of you is over and our attorney/client relationship is over,” and you actually have an ongoing legal situation (this isn’t you calling them out of the blue without a previous case discussed), then your attorney may be acting unethically. If you are in urgent need of legal advice or there are ongoing legal matters that aren’t being handled because your attorney is ignoring you, you should consider fili

What happens if a plaintiff is represented by counsel?

If the plaintiff is represented by counsel, let the lawyers handle it. If the plaintiff isn’t represented by counsel? Again, let your lawyer handle it.

What is the first question to ask if a plaintiff has proved her claim?

if the plaintiff has proved her claim, the first question will have bee. liabilty. Then the claimant, if they won on liability, address the court as to the remedy to be awarded, damages, injunctions, etc. It would be easy for a claimant to win on liabi. Continue Reading.

What is the ethical responsibility of a lawyer?

Lawyers have an ethical responsibility to be timely in their communications with clients about ongoing matters. If your lawyer isn’t dead, and didn’t communicate something like “My representation of you is over and our attorney/client relationship is over,” and you actually have an ongoing legal situation (this isn’t you calling them out of the blue without a previous case discussed), then your attorney may be acting unethically. If you are in urgent need of legal advice or there are ongoing legal matters that aren’t being handled because your attorney is ignoring you, you should consider filing an ethics complaint with your state bar. It could be that your attorney is struggling with substance abuse, or depression/anxiety, or is overwhelmed with work for other clients and can’t get around to your matter, but in any of those cases, they have a duty to let you know and get you someone else to represent you, not just ignore you.

What to do when you have counsel in a controversy?

This conduct is a huge breach of ethics. Once you have counsel in a controversy the opponent is supposed to only communicate through your lawyer on the subject. That is true for the actual defendant and his lawyer.

What happens if you refuse to take a notice?

Nothing happens if you refuse to take the notice. Lawyers send the notice through RPAD which means that they come to know you’ve refused it.

What is not privileged in a communication?

In other words, a communication is not privileged if it does not: (1) request legal advice or (2) convey information reasonably related to a request for legal assistance. Thus, asking an attorney about investment advice or other non-legal issues is NOT privileged. Moreover, having a discussion (or email exchange) with an attorney, where others are present (or included) is NOT privileged.

Is email privileged with an attorney?

Thus, the question has quickly become when is the attorney-client privilege actually applicable? Simply put, just telling a lawyer something, or copying a lawyer on an email, does not make the conversation or email privileged. Not all communications with an attorney are privileged from disclosure under the attorney-client privilege. The reality is that a communication ( i.e. emails, correspondence, oral communications, etc.) will only be privileged when the subject communication meets certain criteria, and it is confidential (meaning that it is not shared with non-attorney/non-client third parties).

Do you have to follow the instructions of an attorney?

That doesn't mean, however, that you have to follow the attorney's instruction. The Constitution does not forbid you to talk to a person just because that person has an attorney, or just because the attorney tells you not to do it.

Can a criminal lawyer talk to a client?

A criminal suspect's lawyer is only doing his job when he calls you during your investigation or after his client's arrest and "instructs" you not to discuss the case with his client unless the lawyer is present. That doesn't mean, however, that you have to follow the attorney's instruction. The Constitution does not forbid you to talk ...

Can a defendant waive the 6th amendment?

Said the court, "The defendant may waive the Sixth Amendment right, whether or not he is already represented by counsel; the decision to waive need not itself be counseled. And when a defendant is read his Miranda rights and agrees to waive those rights, that typically does the trick.". (Montejo v. Louisiana)

Can a suspect talk without an attorney?

Instead, the law focuses on whether the suspect is willing to talk without his or her attorney present. Although this is a well established principle dating back at least a quarter of a century, some officers and attorneys (and some judges) still experience uncertainty and nervousness about police interrogation of a represented suspect.

Can a suspect be approached by police?

In another case, the Supreme Court held that even after a suspect is arrested and has been arraigned and has counsel appointed, he can still be approached by police, in the absence of counsel and without any notice to counsel, to see if he is willing to discuss the case.

Does Miranda protect against police interrogation?

Although neither Miranda nor the Sixth Amendment right to counsel prohibits police interrogation of a willing suspect merely because his attorney has informed police his or her client is not to be questioned, some jurisdictions may have statutory rules restricting such contacts. Officers should consult local prosecutors or legal advisers to determine the existence and application of any such statutes.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

How to get out of a contract with a lawyer?

That is a tough question. You can only get out of the contract with the lawyer if you can show just cause for doing so. It may be that not answering your calls and emails will be just cause for your avoiding the contract, but that could become an issue for you. I think you should talk with another lawyer, who can then negotiate with your present lawyer on a fee split between the two lawyers. There will be some risk for you, so I would consult with another lawyer so that he or she can help you end your contract with your current lawyer. I think you will need some evidence that your current lawyer has not been responsive. Do you know the dates you called his office and left messages? Do you have all of your emails with him?

Why don't you change lawyers?

Don't just change lawyers because you are not getting hand holding. If he is good, he will be busy, and every client deserves 100% care, but just not all on the same day and at the same time. Report Abuse. Report Abuse.

How to fire an attorney in Michigan?

In Michigan you may hire and fire your lawyer as you wish. If your lawyer is not taking care of your case and/or not communicating with you , you may fire your attorney and hire a new one. You may also file a Grievance against your attorney as the Michigan Rules of Professional Conduct REQUIRE an attorney to keep their client advised of the progress of their matter, as well as to use reasonable efforts in the matter to keep it moving forward. You may also get a 2nd opinion from another lawyer before deciding what to do. In getting a 2nd opinion, you would contact a new attorney, who would contact your present attorney and make arrangements to go and review your current attorneys file so that the 2nd opinion attorney could advise you of the status of the matter and if it is, or isn't, on track and being handled properly. With the 2nd opinion in hand, you could decide whether you wished to stay with your original attorney or change attorneys, and do so in an informed way. Of course, any Agreement you signed with your original attorney will apply and there may be language in any such Agreement about costs incurred, fees incurred/time spent, etc. So certainly you would want to read any such Agreement before deciding what to do.

Can I change my attorney if things don't change?

Arguably you can. I would send him a letter advising him of the problem and telling him that if things don't change you will be forced to change to another attorney. Even if you do, however, your former attorney will have a claim for cost he has expended and possibly for his time. You should look closely at your contract with him and then try to work out an agreeable solution.

Can you fire a lawyer if your case is good?

If your case is a good case then he ought to be moving. (your case may not be as good as you think it is) you can fire him and get a new lawyer anytime.

Can I terminate my lawyer's representation?

Answered on Jun 18th, 2013 at 10:39 AM. Yes, you can always terminate your lawyer's representation. Before you do, I would recommend making an appointment to see him and let him know of your dissatisfaction and give him a chance to explain what he is doing on the case.

Can you file a complaint with the State Bar Association?

It depends upon the agreement you signed with him. You could fill a complaint with the State Bar Association, he is required to keep you informed on the case.

What happens if an attorney has not yet had time to confer with their client?

If the attorney has not yet had time to confer with their client and learn the truth, how things went down, etc to work on strategy then silence is golden. Sometimes after speaking with the client they decide that certain statements are necessary.

Why don't attorneys burst in?

Another reason attorneys don’t burst in is that the very moment a potential criminal asks for an attorney then questioning stops immediately. There is no reason for an attorney to burst up in there when their client is sitting there often alone. If they invoke their right to silence or ask for an attorney’s counsel then any questioning conducted from then on is garbage and an officer will be flushing the case down the toilet to continue.

What happens if you refuse to sign an affidavit?

In many states in the US, you will be required to sign a statement affirming that you have been advised as to your rights. If you refuse, you will be advised again, either in front of witnesses, who will then sign an affidavit saying they witnessed it, or it will be on videotape.

What happens if a judge finds you indigent?

If the judge found you to be indigent, he would appoint counsel for you. The judge, not the defendant, decides whether the defendant can afford to hire a lawyer. I've seen several cases where a defendant had resources, but didn't want to expend them on legal counsel.

What does it mean when someone says anything you say can be used against you?

Also, anything you say that would tend to be exculpatory or lend to your innocence will neither be recorded or introduced in court on your behalf. So give them only the basic information needed to book you and is required for a bond and remain quiet.

Which amendment gives you the right to refuse to answer questions?

The first is your Sixth Amendment right to counsel; the second is your Fifth Amendment right to refuse to answer any questions. The Supreme Court has ruled that both rights must be clearly and unequivocally invoked in order for statements made later to be ruled inadmissible.

Can police ask you anything about a case?

But they can’t ask you anything about the case or say anything to you that’s designed to get you talking about the case. Once you invoke your right to a lawyer, any information the police elicit from you on the case is inadmissible.