Legal Question in Civil Litigation in New Jersey
who can we talk to
My son is being sued by his former employer. My husband wants to have a meeting with the employer and him only to discuss how to settle this. I am against this as there are already enormous legal fees involved and the risk of jepardizing the case. I need to know the potential problems that could happen for my son's case if my husband went ahead and did this and did this without my son's attorneys knowledge. We do not have the authority to speak with son's attorney at this time either. So this meeting would be doing so without either of their knowledge.Please help this is urgent.
5 Answers from Attorneys
Re: who can we talk to
Does your husband know something the attorneys don't know? Is your husband smarter than your son's attorney? Is your son under the age of 18?
If the answer to any of the above questions is no, your husband should not talk to your son's boss. His interference will probably mess the whole thing up. He may tell the boss something that the boss should not know. The potential problems are too numerous to mention. Furthermore, I believe it would unethical for the boss to talk to your husband about your son's case. That is the attorneys' job. Tell your husband to sit tight and trust in the process. Unless he has a great deal of experience in these matters, he should not be involved.
Re: who can we talk to
First, I don't understand why you say "We do not have the authority to speak with son's attorney at this time either." Who denies you this authority? Your son (assuming that he is no a minor) can tell the attorney not to talk to you, but you are not limited in who you can talk to.
That said, I can't see any good that can come from anyone negotiating with the company except your son's lawyer. Conversely, depending on the particular circumstances of the suit, there is a lot of harm that can come from it. If you were my client, I would advise against any direct contact with the company unless it had the blessing of your son's lawyer.
Re: who can we talk to
Your husband is being exceedingly foolish and a giant egomaniac. While you never mentioned the basis of the suit, your husband apparently thinks that he has persuasive power not possessed by others trained in the area. He must be a genius. Without knowing the basis of the suit, I most likely am overstepping my bounds but it seems to me that your husband is risking a great deal and will undoubtedly accomplish nothing. William S. Stern
Re: who can we talk to
Some people might say that you are married to an idiot who is also a control freak.
No one I know would disagree.
Re: who can we talk to
As one might tell from the comments of the others who responded to this question, this is a sensitive issue for attorneys. Clients frequently become concerned that the attorneys are not doing enough and are merely running up fees. The temptation to "cut through" the red tape can be great, especially when you're paying the bill.
You should discuss with your attorney any strategy which could affect the outcome. A discussion between the parties can be helpful, but not without the knowledge and counsel of your attorney. Your attorney has a strategy which he/she is pursuing, and, as the others already have stated, an unexpected discussion between the parties might affect it. Certain things should not be discussed, and only your attorney could anticipate what those things are.
You are paying your attorney to do a job. You have the right to direct the attorney (within the law and ethical bounds), but you cannot anticipate on your own the substantive and procedural legal issues your attorney must consider. Discuss it with him/her, and let your attorney tell you whether a discussion with the employer will help or hurt the case.
Good luck to you.
This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.