Legal Question in Real Estate Law in Massachusetts

Re: contact with attorney

In general, a party may choose their own legal counsel, regardless of what the opposing party would prefer (except if the attorney has previously represented the opposing party).

It is unlikely that a court would prevent an attorney from acting on behalf of his or her client, in the absence of proof of egregious or unethical conduct by the attorney sufficient to convince the court.

Re: contact with attorney

Attorney Cooper is correct. In addition, and for some of the reasons stated below, you would be well-advised to hire an attorney (if you do not already have one).

Once you are a represented party, it is generally unethical for the other attorney to contact you directly. See: Massachusetts Rules of Professional Conduct, Rule 4.2.

You should simply tell the other attorney that you will report him/her to the Board of Bar Overseers.

If you are already represented by an attorney, demand that s/he take action against opposing counsel to put a stop to the harassing conduct.

Re: contact with attorney

If you are represented (and I assume you are not), the opposing lawyer is prohibited from contacting you/husband. If you are unrepresented, you have virtually no chance of obtaining a judgment or settlement in your favor anywhere near the actual value of your claims, especially if the claims are against an insurance policy.

If your going to go through the hassle and time/money/stress investment required for litigation, you should certainly see if an attorney will take your case. Assuming your claims have merit, any judgment/settlement in your favor with an attorney on your side would surely be many times better than anything you could obtain on your own (if anything at all), easily making the involvement of an attorney worthwhile, and then some.

Have you previously tried to retain counsel and why did you not do so?

I have numerous prior answers on this site as to misrepresentations claims related to home/condo purchases, and recently tried that kind of case. Contact me if you'd like to discuss the nature of your claims, prior efforts to retain counsel, and to explore possible representation.

Now that the opposing attorney is an enemy, your chances for a fair and reasonable result are even less than before (assuming you are unrepresented).

Re: contact with attorney

You can't stop the defendants from using an attorney who you find objectionable. If you do not have an attorney, I suggest you get one as at that point, the attorney will have to deal with your attorney.

If you have an attorney and the Defense counsel is contacting you directly, let your attorney know so he can deal with it.

Good luck.