Was sue by a Family member. Question, Im the defendent with Brother and Sisters also defendents. Can Brother and Sisters being the defendents be talking with the Plaintiff's Lawyer behind our backs? Legally is this right? Or is the Plaintiff's Lawyer doing something wrong?
2007-10-08 07:42:46 · 4 answers · asked by mycus2000 2 in Politics & Government ➔ Law & Ethics
to many ifs, or either ors here...just ask your attorney whats going on.......
2007-10-08 07:58:04 · answer #1 · answered by ABCDEF U 4 · 1⤊ 0⤋
It is not advisable, but if the plaintiff has agreed to his/her lawyer discussing the matter with the defendants there is no legal wrong to it.
The lawyer cannot legally represent both the defending party and the plaintiff, that is conflict of interest. If the plaintiff has not given persmission then his/her lawyer is only supposed to be discussin the case with the plaintiff and some aspects he/she has to enlighten the defending lawyer about.
I wouldnt do it just out of principle, it looks bad for the defending party to discuss things with the prosecuting party's lawyer without their lawyer present. Advise the brothers and sisters to stop this and keep communication between the lawyers only.
2007-10-08 07:50:08 · answer #2 · answered by mms4resprnts 2 · 0⤊ 0⤋
Each of you was individually sued, so each of you has the option of trying to settle individually in your own individual best interest. That being said, if each of you is represented by counsel, the plaintiff's lawyer should not be contacting any of you directly (although if your brother and sisters are contacting the lawyer, that's obviously their choice). You don't mention what the suit is about, so it isn't clear that all of you have the same interests in this. If your interests are not aligned, then there isn't necessarily a benefit to them to putting on a united front with you. What's happening, based on the limited information you give, is not illegal unless your siblings are represented by counsel and the plaintiff's counsel is contacting them directly instead of going through counsel. However, you should get an attorney to protect your own, individual interests.
2007-10-08 07:50:54 · answer #3 · answered by lechisch 2 · 1⤊ 0⤋
There are many variables here. I suggest you discuss this with your lawyer. Don't have one? That would be your first mistake.
2007-10-08 07:46:53 · answer #4 · answered by davidmi711 7 · 1⤊ 0⤋