Legal Question in Business Law in Massachusetts

Contact by an attorney with someone represented by counsel

When two parties are in a dispute, and both have retained counsel, is it allowed for the attorney for one party to contact the client of the other directly?


Asked on 1/04/08, 5:32 pm

3 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Contact by an attorney with someone represented by counsel

No.

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Answered on 1/04/08, 5:44 pm
Warren Wood Law Offices of Warren Wood

Re: Contact by an attorney with someone represented by counsel

When both parties are represented by counsel, no attorney should directly contact an opposing party without express permission to do so given by the opposing party's lawyer.

This rule/practice/usage is well settled in most jurisdictions.

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Answered on 1/04/08, 5:59 pm
Herbert Cooper Law Offices of Jameson & Cooper

Re: Contact by an attorney with someone represented by counsel

No, a represented party should not be contacted by opposing counsel in a situation where there is a dispute, unless it is a very unusual situation and permission has been given by the represented party's legal counsel for such direct contract.

This is in contrast to contact between the parties in dispute - in general, they can always contact each other to resolve the matter directly. While frequently this may be a bad idea (because the party might inadvertently provide information which aides the opposing party, and which they might not otherwise be entitled to), it is not forbidden.

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Answered on 1/04/08, 6:01 pm


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