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Name of legal term when attorney befriends opposing client?

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GeorgeRiceWhite

New member
What is the name of your state? New Jersey

I want to ask a hypothetical question for research purposes. Hope that is okay.

Suppose Attorney Jane of the Firm of ABC deliberately befriends Sam, who is a client of Firm XYZ. ABC and XYZ are on opposing sides of a lawsuit, in which Sam is a litigant. Jane does not tell Sam she is an attorney, or even where she works. No, Jane is befriending Sam in the hopes of learning something ABC can use to undermine XYZ's case.

This is obviously an unfair practice. My question is, what is the term for the conflict of interest that Jane is committing? Thank you.
 


FlyingRon

Senior Member
It's not a "confict of interest." What we have here is unprofessional conduct of the lawyer. A lawyer is not allowed to have communication, even consensually, with a party that he knows to be represented by counsel if it involves any information regarding the case at hand.

You can see this explained in the New Jersey Rules of Professional Conduct, Rule 4.2 "Communication with person represented by counsel." Such is true in most states as this rule comes straight from the ABA Model Rules of Professional Conduct which many state bars adopt with little or no modification.
 

GeorgeRiceWhite

New member
Thanks FlyingRon, this is awesome information, thank you, so helpful! Is there a specific legal term for when Jane the Lawyer befriends Sam, or would that just be described as a Violation of Professional Conduct? Much appreciated!
 

Taxing Matters

Overtaxed Member
Many legal terms are in Latin.

This is how "Communication with person represented by counsel" translates into Latin legalese.

Communication cum homine per consilium.
But that Latin translation is not one used in the law. ;)

quincy is correct, it is simply misconduct, a violation of the Rules of Professional Conduct. There is no specific term for this exact conduct and you don't need any specialized legal term to tell the state disciplinary authority for lawyers what is going on.
 

Taxing Matters

Overtaxed Member
And yet ... quidquid latine dictum sit altum videtur.
Indeed it does, but as I learned when clerking for a judge, using Latin in legal pleadings and briefs is disfavored in the modern legal environment except for those relatively few classic phrases that are still commonly used by lawyers. Use uncommon Latin phrases at your peril; if you make the judge have to look something up that you could have simply explained in English, the judge will not be pleased....:)
 

quincy

Senior Member
Indeed it does, but as I learned when clerking for a judge, using Latin in legal pleadings and briefs is disfavored in the modern legal environment except for those relatively few classic phrases that are still commonly used by lawyers. Use uncommon Latin phrases at your peril; if you make the judge have to look something up that you could have simply explained in English, the judge will not be pleased....:)
Haha. :)

I have long been a supporter of changing the legalese in contracts to plain English wording so that the average person can understand what they are reading without the need for a law degree or a lawyer.
 

Taxing Matters

Overtaxed Member
I have long been a supporter of changing the legalese in contracts to plain English wording so that the average person can understand what they are reading without the need for a law degree or a lawyer.
I have also long supported plain English writing of legal documents and have worked over the years to develop that skill. While it is not always possible to avoid certain "words of art" in legal drafting, it can be kept to a minimum and generally it is possible to write most documents that are wholly free of technical language (or nearly so) and that do not contain overly complex, difficult to read sentences and paragraphs. Writing that way takes some time and effort to learn, and drafting the documents themselves take a little more time to edit to edit for clarity but the pay off is huge. For contracts, the client gets a document that all the parties to the deal can readily understand and that cuts down on disputes later because everyone is clear on what it says. And when I drafted regulations and proposed legislation, having laws that those who have to follow them can easily understand helps ensure better compliance with the laws.
 

adjusterjack

Senior Member
I've been a proponent of simplified plain English contracts for decades. When I had my rentals my lease was one page, readable type, covered the basics and I relied on statutory rights and obligations.

20 years ago I bought a house that was for sale by owner. I took the standard real estate contract and cut it down to 3 pages. Worked out fine. (I know, unauthorized practice of law, slap the cuffs on me. LOL)

My current house I bought through the seller's agent. The contract was 10 pages.

And I'll be the first to admit that the insurance industry is one of the worst offenders when it comes to complicated contracts. The HO-3 Homeowners policy is 24 pages. To that add numerous endorsements modifying or enhancing the policy based on optional coverage and individual state requirement. It's hardly surprising that the insurance consumer rarely reads it. With that in mind I present the Plain English Homeowners Policy. This one is obviously a joke but it does illustrate that there is plenty of stuff in an insurance policy that can be simplified.


PLAIN ENGLISH HOMEOWNERS POLICY

For a period of ___year(s) ending promptly at midnight, Standard time on ________________

Property Location:____________________________________________________________

AMOUNT OF INSURANCE YOU BOUGHT: $___________________ BLANKET ON YOUR HOUSE, ALL THE ACCUMULATED FURNITURE AND STUFF INSIDE YOUR HOUSE, YOUR GARAGE (the one where you park your car, not Al's Body Shop) AND ANY OTHER SMALL BUILDING ON THE LOT, AND WHAT IT COSTS EXTRA TO LIVE WHEN YOUR HOUSE IS BURNED DOWN OR SOMETHING LIKE THAT HAPPENS, FOR SO LONG AS WE SAY IT'S OK.

WE ALSO WILL DEFEND YOU IN COURT IF SOMEBODY MAKES A CLAIM AGAINST YOU, OR PAY THE DAMAGES, AND WE'LL PAY THE MEDICAL BILLS OF SOME PEOPLE WHO GET HURT ACCIDENTALLY AT YOUR PLACE, OR SOME OTHER PLACE.

(We could spell it all out in detail, but you wouldn't understand one word of it anyway. We had to hire ten lawyers just to figure this out after we wrote it!)

CONDITIONS:

1. If anything happens and it looks like it's going to cost you money, call us right away and we'll tell you if we're apt to pay for it.

2. Our agent has already told you this is the new "all risk" policy, but even he doesn't know what he's selling, so if you have any questions, call or write to us, not some insurance salesman.

3. Don't lie to us about what happened or how much something cost or how new it is or how it never leaked before. If you try to snow us, we'll not only cancel this policy so fast it'll make your head swim, we'll pass the word around and you won't ever be able to get an insurance policy again short of the Hong Kong Mutual. There are so many regulations, and an Insurance Commissioner who thinks he's king, that we can't lie to you. So don't you give us any song and dance or we'll land on you hard.

4. Replacement Cost: forget it. You don't need it. We'll pay what we say is fair with or without any "Replacement Cost coverage," and we don't care what your neighbor's policy has on it.

5. The "AMOUNT OF INSURANCE YOU BOUGHT" listed above is the absolute cost we will pay no matter what your house and other stuff is worth or however many people sue you for any one accident, so you'd better be sure you have bought enough to cover the worst disaster that you can imagine. Don't depend on our agent for this! If he had any imagination, he'd find an honest occupation.

6. Don't bother us with a lot of questions about what is and isn't covered by this insurance. We'll tell you when you need to know. If we told you now you'd forget it in an hour, if you ever understood it in the first place.

7. YOUR DUTIES: (1) Pay the premium, and (2) call us right away when you think something's happened (don't try to analyze it, just call in.) That's all you gotta do. Don't try to get cute; see (3) above, in case you have forgotten already (which doesn't surprise us.)

8. If we think of any additional conditions, we'll let you know. By the way, if what happens involves a vehicle, airplane or boat or has to do with your job, forget it; don't call us; we don’t cover it.
 

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