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.
What is the rule about communicating with the client of another solicitor?
Solicitors will treat each other with mutual respect and trust. This respect and trust includes not communicating directly with each other’s clients. When providing a legal service, solicitors must be independent and must not be influenced by inappropriate or illegal considerations.
Is it ever appropriate for a lawyer to reveal a confidential communication from the client?
Lawyers may not reveal oral or written communications with clients that clients reasonably expect to remain private. In other words, the lawyer can never divulge the client’s secrets without the client’s permission, unless some kind of exception (see below) applies.
What is the general rule on dealing with represented persons?
(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.
Can someone’s lawyer contact you?
A: Yes, an attorney can contact you but you have no obligation to speak with them. If you believe you are at risk of being accused of a crime, you should contact a criminal defense attorney to discuss the details of the matter. If you are contacted by law enforcement at any point, do not make any statements.
What is the duty of a lawyer towards unrepresented persons?
The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonable possibility of being in conflict with the interests of the client.
Can you complain about someone else solicitor?
If your complaint is about the way your lawyer has handled your case or how he or she has acted towards you, you can contact the Office for the Supervision of Solicitors. They cannot investigate your complaint about the poor service given by someone else’s solicitor.
Can a solicitor refuse to act for a client?
A solicitor is not entitled to stop acting for a client without good reason and on reasonable notice or the client’s consent. Once a solicitor has agreed to act in a case they have agreed to act until the (sometimes bitter) end. They cannot just drop out and leave the client in the lurch.
What is the most common charge against prosecutors?
According to the text, the most common charge leveled against prosecutors is: failure to disclose evidence.
Can represented parties communicate?
California Rule of Professional Conduct 2-100(A) prohibits a lawyer from communicating about a matter with a party known to be represented by a lawyer without the prior consent of that lawyer.
Can a lawyer directly contact the other party?
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.
Can a lawyer communicate with a represented person without a client?
Nor does this Rule preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter. A lawyer may not make a communication prohibited by this Rule through the acts of another. See Rule 8.4 (a).
Are lawyer-client communications covered by attorney-client privilege?
Lawyer-client communications are covered by the attorney-client privilege only if the circumstances lend themselves to confidentiality. For example, clients who speak to their lawyers about pending lawsuits in private, with no one else present, can reasonably expect secrecy.
Does the rule prohibit communication with a represented person?
[4] This Rule does not prohibit communication with a represented person, or an employee or agent of such a person, concerning matters outside the representation.
Can you record a private conversation with your lawyer?
For example, clients who speak to their lawyers about pending lawsuits in private, with no one else present, can reasonably expect secrecy. If someone were to surreptitiously record the conversation, that recording would probably be inadmissible in court.