QUESTION
Can the attorney of the opposing party talk to you if you have a lawyer?
Asked on Jul 03rd, 2014 on Child Custody - North Carolina
More details to this question:
I’m in a DSS case and asked their lawyer for disclosure of evidence and he told me he couldn’t talk to me directly because I have a court appointed lawyer.
13 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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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 lawyers or opposing parties from going behind the attorney's back and frightening the opposing party or trying to coerce that party into making secret deals or disclose sensitive information they are otherwise not required to disclose and wouldn't disclose but for the advice of counsel. If you really think it necessary to make contact with the opposing party or the opposing parties lawyer personally, you will need your lawyer to put that in writing so that everyone knows that permission has been given.
Answered on Aug 25th, 2014 at 11:27 AM
That is correct - he should not be talking to you without your attorney's permission.
Answered on Jul 09th, 2014 at 10:35 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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That's right. He can't talk to you because you're represented. He can only talk to your lawyer.
Answered on Jul 07th, 2014 at 3:20 PM
Bankruptcy & Debt Attorney serving St. Augustine, FL
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St. Johns Law Group
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Yes, that is true.
Answered on Jul 07th, 2014 at 4:50 AM
Bruce Provda
No they should only speak with you attorney. That attorney acted appropriately.
Answered on Jul 07th, 2014 at 4:49 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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He is correct.
Answered on Jul 07th, 2014 at 4:49 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, they cannot talk to you directly. All communication has to go through the lawyers in order to protect your rights and attorney-client privilege.
Answered on Jul 07th, 2014 at 4:24 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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A lawyer cannot speak to a person who is represented by counsel. Have your attorney contact the attorney.
Answered on Jul 04th, 2014 at 6:28 PM
1 Award
No, unless the opposing attorney authorizes the other attorney to do so.
Answered on Jul 04th, 2014 at 6:28 PM
Not without your lawyers permission.
Answered on Jul 04th, 2014 at 6:28 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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What you were told is correct.
Answered on Jul 04th, 2014 at 11:29 AM
Litigation Attorney serving Wendell, NC
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Kirk, Kirk, Howell, Cutler & Thomas, L.L.P.
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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.
Answered on Jul 04th, 2014 at 11:28 AM