Legal Question in Family Law in California

If you are represented by an attorney, you need to let the attorney calling you know that you are represented by counsel. The opposing attorney is not supposed to speak to you without the consent of your attorney. "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." (Cal. Rules of Prof. Cond., rule 2-100.)

If you are representing yourself, there is no prohibition against opposing counsel calling you. If it is your lawyer calling you, it may be important.

If it is an attorney, attempting to solicit your representation, I would be concerned. "A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California."

"For purposes of this rule, a 'solicitation' means any communication:

(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and

(2) Which is:

(a) delivered in person or by telephone, or

(b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication."

(Cal. Rules of Prof. Cond., rule 1-400.)

Attorneys who solicit business violate the rules of ethics. They also tend to be poorer attorneys, who work on a high volume basis, and tend to igore other ethical rules that are more important, like not stealing their client's money.