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Can self-represented party communicate with opposing party?

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M

MDC29

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

Can a self-represented party send a communication (a letter) to the opposing party who is represented by a lawyer? Note that there is no litigation, no complaint at this time. I'm simply trying to resolve a problem with the other party and he/she obtained a lawyer. I believe I am able to still communicate with the party when he is represented. Am I correct?
 


M

Mass_Shyster

Senior Member
A self represented party indicates that you are an attorney, and as such, cannot ethically contact a represented party.

There is no such prohibition for an unrepresented party.
 
M

MDC29

Member
My mistake, I thought the term was self-represented, for a party representing themselves, but not an attorney. Ok, so if I am not an attorney, and I have no attorney, then I can cc: the letter addressed to the attorney, to his client, correct?
 
Just Blue

Just Blue

Senior Member
Dax said:
My mistake, I thought the term was self-represented, for a party representing themselves, but not an attorney. Ok, so if I am not an attorney, and I have no attorney, then I can cc: the letter addressed to the attorney, to his client, correct?
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If you are Pro Se and the other party has an attorney, you must only deal with the attorney.
 
M

MDC29

Member
Hmm, confused again.. Does there have to be an action filed for me to be considered Pro Se? In other words, when does a party go from unrepresented to self represented?
 
M

MDC29

Member
In researching online, I see self-represented and unrepresented used interchangeably. My understanding is that an unrepresented party and self represented party (when not an attorney) mean the same thing. Pro Se only comes into play when you're before a court. Am I way off here?
 
quincy

quincy

Senior Member
You are not a Pro Se until you are representing yourself in a legal action.

If someone has an attorney (perhaps to discuss taking legal action against you), you do not have to go through this attorney to speak with that person unless the person has specifically told you to contact him only through his attorney.

If or when you are served with a complaint, notifying you that legal action is being taken against you, then you should communicate with the person only through his attorney, if he has one.

If the other party is represented by an attorney, it is smart to have an attorney of your own.
 
Y

You Are Guilty

Senior Member
Stevef said:
I believe it's foolish to communicate with the other party, but I'm not aware of any authority that prohibits it.
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100% correct on both counts. There are no Rules of Conduct for the general public (well, other than the Penal Law, I suppose, and based on some of the questions in the Criminal Law forum here, no one listens to those).
 
O

onthehouse

Member
You Are Guilty said:
100% correct on both counts. There are no Rules of Conduct for the general public (well, other than the Penal Law, I suppose, and based on some of the questions in the Criminal Law forum here, no one listens to those).
Click to expand...

TITCR

Parties can contact each other at all times. Probably not the wisest course of action though.
 
T

tranquility

Senior Member
It is a sad, sad place where some many relive their youth while others whine about it. Least that part of youth which involves law school.
 
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