Opposing lawyer refused to communicate.

[ProSeDadinMD]

What is the name of your state? Maryland

The Maryland Lawyers' Rules of Professional Conduct :
Rule 4.3. Dealing with Unrepresented Person.
In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.

Based on this, would a lawyer stating that "It is my policy to minimize my contacts with unrepresented parties.", and "I would suggest that if you have a specific proposal, ....., that you hire a lawyer and ask them to review it and then you or your lawyer can send that to me.", be considered stating or implying that they are "disinterested"?

 

[Ohiogal]

Nope. What they are trying to do is not appear as though they are providing you with legal advice or otherwise improperly corresponding with you.

 

[casa]

What is the name of your state? Maryland


Based on this, would a lawyer stating that "It is my policy to minimize my contacts with unrepresented parties.", and "I would suggest that if you have a specific proposal, ....., that you hire a lawyer and ask them to review it and then you or your lawyer can send that to me.", be considered stating or implying that they are "disinterested"?

I think it does sound like disinterest. He has a 'policy' to minimize contact with unrepresented parties? And the direction to get an attorney to review or submit proposals to him, when you are clearly Pro Se...just seems to scream exactly what that statute states they are not to do. Have you run the correspondence by an attorney as a consult,etc?

My 2c. Take or Toss.

 

[ProSeDadinMD]

I think it does sound like disinterest. He has a 'policy' to minimize contact with unrepresented parties? And the direction to get an attorney to review or submit proposals to him, when you are clearly Pro Se...just seems to scream exactly what that statute states they are not to do. Have you run the correspondence by an attorney as a consult,etc?

My 2c. Take or Toss.

I am seeing a lawyer Monday afternoon. I am curious as to what he will say.

 

[ProSeDadinMD]

I probably should have stated....

...that he also said

I find that when unrepresented parties reach a decision point, they typically defer to the court because of the uncertainty of whether they can make a good decision while in the middle of the dispute

, as well as

Further, I rarely read an e-mail that is more than one or two paragraphs, and have not finished reading yours, which seems to go on for pages. I may be able to get to it next week, but in the meantime I have saved it in my client's file.

My email was 7 short paragraphs(prints at a page and a half) indicating why I thought it would be in both of our best interests to try and reach an agreement amongst ourselves. I did tell him that I had submitted a "specific proposal" in the form of the petitions I filed.

 

[casa]

I am seeing a lawyer Monday afternoon. I am curious as to what he will say.

I'd guess he'll say focus on the proceedings at hand...and how much of an advantage one can have when represented by an attorney. I highly doubt he (or any other attorney) will be interested in pursuing whether or not X's attorney is or is not following the guidelines for Professional Conduct. He may give you an opinion about whether X's attorney is or is not following those guidelines~ but again, highly unlikely he will want to do anything about it. Attorney's don't typically want to pursue other attorneys in that manner...afterall, they all have to continue working together in the same court system for many more cases after yours is all settled and put away in the court file.

 

[ProSeDadinMD]

casa, if I were to pursue anything with this, I would do it myself. I'm kinda sorta just hedging my bets with a "back-up" plan right now.

I've got my initial consult with this lawyer, during which we are going to discuss a plan of action, and then I plan to use him almost exclusively to handle the trial/hearing itself.

 

[casa]

casa, if I were to pursue anything with this, I would do it myself. I'm kinda sorta just hedging my bets with a "back-up" plan right now.

I've got my initial consult with this lawyer, during which we are going to discuss a plan of action, and then I plan to use him almost exclusively to handle the trial/hearing itself.

Smart move. Don't forget to have him ask for attorney fees. IF you were to bring up the X's attorney's 'disinterest'...it could be used as a seque way to convincing the court that you had NO CHOICE but to hire an attorney- and therefore, argue your case that you should be reimbursed attorney's fees.

 

[ProSeDadinMD]

Smart move. Don't forget to have him ask for attorney fees. IF you were to bring up the X's attorney's 'disinterest'...it could be used as a seque way to convincing the court that you had NO CHOICE but to hire an attorney- and therefore, argue your case that you should be reimbursed attorney's fees.

My thoughts were along the same lines...