More details to this question:
Recently, a complaint was filed against me in Civil Court (NY). Both the plaintiff and I are listed as "self represented". Earlier today, I received a call from a lawyer claiming to represent the plaintiff to discuss settlements. I called the county clerk's office, and my litigation is still listed as "Self Represented" on both parties. Has this lawyer committed an ethics violation by reaching out to me, while not being listed as the representing firm on the complaint that's on file?
1 ANSWER
I don't see any ethics violation per se - the attorney may not be representing the party as counsel in the lawsuit but still be authorized to negotiate for him/her (for example, you could ask your non-attorney spouse, parent, or friend to negotiate with the opposing party if you think they can do it better than you, but they can't represent you in court or otherwise practice law), or the attorney could have been retained after the complaint was filed. You could refuse to deal with the attorney until and unless he/she files an appearance with the Court, but how will that benefit you?
Answered on May 01st, 2014 at 4:51 PM