Plantiff Lawyer - Direct Defendant Contact (in Texas)??

[Dodge1993]

What is the name of your state (only U.S. law)? Texas.

Good Day,
I am a plaintiff in a civil lawsuit in Texas, and have found out that my attorney has been speaking directly to the defendant, and not favorably either. I heard it was said that "He acts like he is on my side more than he is his" and "He talks to me more than he does him." The defendant has retained two attorneys, yet the defendant and my attorney speak secretly. I haven't confronted him about this, but I have caught him lying to me as well... most concerning about a meeting that he, his partner, the defendants two lawyers, the defendant, the defendant's spouse and mother were in attendance at, an hour before I was to meet him at a hearing. Everyone but me. They came into the court and accused me of things that weren't true right after this meeting. I won the hearing and the judge tossed the defendants right out of the courtroom, but the attorney acted like I was going to lose it. I am very concerned about this. Can anyone in Texas give me insight into this? Thank you.

 

[Zigner]

What is the name of your state (only U.S. law)? Texas.

Good Day,
I am a plaintiff in a civil lawsuit in Texas, and have found out that my attorney has been speaking directly to the defendant, and not favorably either. I heard it was said that "He acts like he is on my side more than he is his" and "He talks to me more than he does him." The defendant has retained two attorneys, yet the defendant and my attorney speak secretly. I haven't confronted him about this, but I have caught him lying to me as well... most concerning about a meeting that he, his partner, the defendants two lawyers, the defendant, the defendant's spouse and mother were in attendance at, an hour before I was to meet him at a hearing. Everyone but me. They came into the court and accused me of things that weren't true right after this meeting. I won the hearing and the judge tossed the defendants right out of the courtroom, but the attorney acted like I was going to lose it. I am very concerned about this. Can anyone in Texas give me insight into this? Thank you.

If you're not comfortable with your attorney, hire a new one.

 

[quincy]

What is the name of your state (only U.S. law)? Texas.

Good Day,
I am a plaintiff in a civil lawsuit in Texas, and have found out that my attorney has been speaking directly to the defendant, and not favorably either. I heard it was said that "He acts like he is on my side more than he is his" and "He talks to me more than he does him." The defendant has retained two attorneys, yet the defendant and my attorney speak secretly. I haven't confronted him about this, but I have caught him lying to me as well... most concerning about a meeting that he, his partner, the defendants two lawyers, the defendant, the defendant's spouse and mother were in attendance at, an hour before I was to meet him at a hearing. Everyone but me. They came into the court and accused me of things that weren't true right after this meeting. I won the hearing and the judge tossed the defendants right out of the courtroom, but the attorney acted like I was going to lose it. I am very concerned about this. Can anyone in Texas give me insight into this? Thank you.

If the defendant does not currently have an attorney, your attorney must speak to the defendant directly. If the defendant HAS an attorney, your attorney should be speaking only to this attorney.

You should discuss your concerns with your attorney and/or if you do not trust your attorney is looking out for your best interests or is acting unethically, you can fire him and hire another.

 

[LdiJ]

If you're not comfortable with your attorney, hire a new one.

That really is the only way to deal with something like that if you are that unhappy.

 

[Zigner]

If the defendant does not have an attorney, your attorney must speak to him directly.

Per the OP, the other party has retained two attorneys. If the other party and his attorney(s) authorize it, is the OP's attorney then allowed to speak directly to him?

With that said, it sounds like the OP's attorney may have spoken with the other party in the presence of the other party's attorney(s), which is perfectly fine.

 

[Dodge1993]

If the defendant does not currently have an attorney, your attorney must speak to the defendant directly. If the defendant HAS an attorney, your attorney should be speaking only to this attorney.

You should discuss your concerns with your attorney and/or if you do not trust your attorney is looking out for your best interests or is acting unethically, you can fire him and hire another.

The defendant DOES have 2 attorneys. Is it legal for him to speak directly with the defendant?

 

[Zigner]

The defendant DOES have 2 attorneys. Is it legal for him to speak directly with the defendant?

It might be. Wait for an answer to my question.

 

[Dodge1993]

Per the OP, the other party has retained two attorneys. If the other party and his attorney(s) authorize it, is the OP's attorney then allowed to speak directly to him?

With that said, it sounds like the OP's attorney may have spoken with the other party in the presence of the other party's attorney(s), which is perfectly fine.

I don't believe that is the case. I believe it is my attorney and the defendant directly...no opposing atty present. No authorization from me.

 

[LdiJ]

I don't believe that is the case. I believe it is my attorney and the defendant directly...no opposing atty present. No authorization from me.

If the defendant does not have an attorney, and is therefore acting as his own attorney, then your attorney HAS TO communicate with him to the extent that your attorney would communicate with his attorney if he had one.

 

[Dodge1993]

It might be. Wait for an answer to my question.

Ok...thank you.

 

[Dodge1993]

If the defendant does not have an attorney, and is therefore acting as his own attorney, then your attorney HAS TO communicate with him to the extent that your attorney would communicate with his attorney if he had one.

The defendant has 2 attorneys.

 

[Zigner]

I don't believe that is the case. I believe it is my attorney and the defendant directly...no opposing atty present. No authorization from me.

It's not YOU who would need to authorize it...

I've done further research and found that if the other party's attorney authorizes it, then your attorney can communicate directly with the other party.

ETA:

https://www.texasbar.com/AM/Template.cfm?Section=Ethics_Resources&Template=/CM/ContentDisplay.cfm&ContentID=14125

Rule 4.02. Communication with One Represented by Counsel
(a) In representing a client, a lawyer shall not communicate or cause or encourage another to
communicate about the subject of the representation with a person, organization or entity of
government the lawyer knows to be represented by another lawyer regarding that subject, unless the
lawyer has the consent of the other lawyer or is authorized by law to do so.

 

[Dodge1993]

It's not YOU who would need to authorize it...

I've done further research and found that if the other party's attorney authorizes it, then your attorney can communicate directly with the other party.

Thank you very much. Firing him is completely in order.

 

[quincy]

I don't believe that is the case. I believe it is my attorney and the defendant directly...no opposing atty present. No authorization from me.

I can't think of any reason why your attorney would be communicating directly with the other party if the other party has an attorney, unless the defendant's attorney is present during these conversations, allows for the communications, or the discussions have nothing at all to do with the legal action (although with the latter, it would not be smart to do so unless the circumstances required they communicate for some reason*).

I would ask your attorney to explain. If you are not satisfied with his explanation, find another attorney.

Good luck.



*example: Defendant is only mechanic in town, your attorney needs car repair.

 

[Dodge1993]

I can't think of any reason why your attorney would be communicating directly with the other party if the other party has an attorney, unless the defendant's attorney is present during these conversations, allows for the communications, or the discussions have nothing at all to do with the legal action (although with the latter, it would not be smart to do so unless the circumstances required they communicate for some reason*).

I would ask your attorney to explain. If you are not satisfied with his explanation, find another attorney.

Good luck.



*example: Defendant is only mechanic in town, your attorney needs car repair.

He's a liar. He'll spin off topic like he always does. He is selling me out...I just have that feeling.