dexter cave
Junior Member
What is the name of your state? CT
I know that a lawyer does not need to send a letter by Certified Mail: the lawyer's word that he/she sent a letter on a given date is equivalent to a Certified Mail receipt from the Post Office.
But what I'd like to know is:
1) whether this applies only when the lawyer is acting in his/her capacity, i.e. representing a client, or whether this rule extends to when the lawyer is acting on his/her own behalf, for example when the lawyer is him/herself a plaintiff or defendant in a civil court case?
(I am not referring to summons but to letters that may have been sent by a lawyer to the other party.)
If the rule applied in the second case it would seem to me that if the other party is not a lawyer then both parties to the lawsuit would not be equal under the law...
2) in cases where a proof of delivery is required or advisable in addition to a proof of mailing, a postal Return Receipt Request is used. If a lawyer wants proof of receipt does he/she need to use a Return Receipt Request too? And does the answer depend also on whether the lawyer is acting in his/her capacity or as a simple individual?
3) what are the statutes that govern the above issues?
Thanks in advance for your replies.
I know that a lawyer does not need to send a letter by Certified Mail: the lawyer's word that he/she sent a letter on a given date is equivalent to a Certified Mail receipt from the Post Office.
But what I'd like to know is:
1) whether this applies only when the lawyer is acting in his/her capacity, i.e. representing a client, or whether this rule extends to when the lawyer is acting on his/her own behalf, for example when the lawyer is him/herself a plaintiff or defendant in a civil court case?
(I am not referring to summons but to letters that may have been sent by a lawyer to the other party.)
If the rule applied in the second case it would seem to me that if the other party is not a lawyer then both parties to the lawsuit would not be equal under the law...
2) in cases where a proof of delivery is required or advisable in addition to a proof of mailing, a postal Return Receipt Request is used. If a lawyer wants proof of receipt does he/she need to use a Return Receipt Request too? And does the answer depend also on whether the lawyer is acting in his/her capacity or as a simple individual?
3) what are the statutes that govern the above issues?
Thanks in advance for your replies.