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Started By
Message
Legal Eagle's of the OT
Posted on 5/29/14 at 6:31 pm
Posted on 5/29/14 at 6:31 pm
My wife is involved in an estate dispute and the opposing lawyer is communicating directly with my wife pushing for a settlement.
My wife has had a lawyer contact the opposing lawyer in the past pressing for documentation so he is aware my wife has a lawyer for the issue.
Is it inappropriate from an ethics standpoint for a lawyer to bypass opposing counsel? How should we handle this?
My wife has had a lawyer contact the opposing lawyer in the past pressing for documentation so he is aware my wife has a lawyer for the issue.
Is it inappropriate from an ethics standpoint for a lawyer to bypass opposing counsel? How should we handle this?
6
Posted on 5/29/14 at 6:32 pm to LSU0358
bypass opposing counsel. report back with pics of wife
Posted on 5/29/14 at 6:33 pm to LSU0358
quote:
My wife has had a lawyer contact the opposing lawyer in the past pressing for documentation so he is aware my wife has a lawyer for the issue.
Has your wife had this attorney send a letter to opposing counsel advising formally that he is representing her?
Posted on 5/29/14 at 6:34 pm to Festus
quote:
Has your wife had this attorney send a letter to opposing counsel advising formally that he is representing her?
Would a letter from her lawyer asking for documentation not suffice? Or is a formal letter for representation required?
This post was edited on 5/29/14 at 6:35 pm
Posted on 5/29/14 at 6:34 pm to LSU0358
How does the opposing lawyers dick taste?
Posted on 5/29/14 at 6:35 pm to LSU0358
quote:
LSU0358
think you forget a step bro? gotta answer the question you posed to yourself.
NICE EDIT
This post was edited on 5/29/14 at 6:36 pm
Posted on 5/29/14 at 6:36 pm to LSU0358
I do not practice down there, but in D.C., Virginia, and Maryland if a party is represented by an attorney the opposing attorney may not contact that party directly - only through counsel.
Posted on 5/29/14 at 6:38 pm to theunknownknight
quote:
think you forget a step bro? gotta answer the question you posed to yourself. NICE EDIT
I just updated to Windows 8.1 and for some reason if I hit "Enter" twice in a row when spacing down from a quote it submits a post with nothing in it.
Posted on 5/29/14 at 6:39 pm to IonaTiger
quote:
I do not practice down there, but in D.C., Virginia, and Maryland if a party is represented by an attorney the opposing attorney may not contact that party directly - only through counsel.
Same here. Serious violation of the Code of Conduct.
This post was edited on 5/29/14 at 6:40 pm
Posted on 5/29/14 at 6:39 pm to LSU0358
quote:
I just updated to Windows 8.1 and for some reason if I hit "Enter" twice in a row when spacing down from a quote it submits a post with nothing in it.
Is that why this thread has no pics yet?
Posted on 5/29/14 at 6:40 pm to Kim Jong Ir
KJI, good to see you. 
Posted on 5/29/14 at 6:40 pm to IonaTiger
Same in Louisiana. No way the other attorney knows she has retained councel. That's my guess anyway. Why else would he risk ethics violations trying to go around her attorney?
Posted on 5/29/14 at 6:41 pm to LSU0358
quote:
Would a letter from her lawyer asking for documentation not suffice? Or is a formal letter for representation required?
First off, let me clarify, I'm not an attorney, but I correspond with them regularly. Sometimes, I'll get calls or letters inquiring on somebody's behalf, but they're not representing them officially. Sometimes acting as friend, sometimes wanting to review info before they decide if they are going to represent them.
When they are representing, they ALWAYS say in the letter that they are representing, and at that point, all correspondence, verbal or otherwise, has to go through their counsel.
Posted on 5/29/14 at 6:42 pm to Kim Jong Ir
quote:
Same here. Serious violation of the Code of Conduct.
Who would we contact in the state to file a complaint? Would it be better if the letter came from my wife or from her lawyer?
This post was edited on 5/29/14 at 6:44 pm
Posted on 5/29/14 at 6:43 pm to LSU0358
So what happens to the guy? Nothing?
Posted on 5/29/14 at 6:45 pm to Traffic Circle
quote:
So what happens to the guy? Nothing?
Up here a lawyer who directly contacts a represented person is in jeopardy of losing his/her license. Based on posts above, I assume the same is true down there.
ETA: At a minimum the lawyer would be set to Bar Counsel.
This post was edited on 5/29/14 at 6:47 pm
Posted on 5/29/14 at 6:51 pm to IonaTiger
True here too, Iona. The question here, though, is whether or not the wife's attorney ever related to the other party that they were representing her. I can't get clarification on that. Surely, before any license would be revoked, she is going to have to establish that the other attorney was on notice of the representation. If a letter was sent just asking for a document from them, not sure that's enough.
Posted on 5/29/14 at 6:52 pm to LSU0358
She's cheating on you, bro.
Posted on 5/29/14 at 6:54 pm to Festus
quote:
whether or not the wife's attorney ever related to the other party that they were representing her.
I don't think the letter her attorney sent said "I'm representing so and so." It was just requesting information. Would this request have to say "I'm representing LSU0358's wife" in this matter or is representation understood?
This post was edited on 5/29/14 at 6:57 pm
Posted on 5/29/14 at 6:54 pm to LSU0358
quote:
Who would we contact in the state to file a complaint? Would it be better if the letter came from my wife or from her lawyer?
Have your lawyer do it.
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