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Solo In Chicago

...empowering the Second City's entrepreneurial legal community

Sunday, May 13, 2007

Attorneys directing clients to go behind opposing counsel's back

I just wanted to share a question and some responses that I saw on the ISBA list serve. This one is fairly common and I've read ARDC troubles for lawyers on this issue. A fairly well-known lawyer in the northwest 'burbs go nailed on this recently.

Query:

I found a letter and draft judgment slipped under the door to my office – marked hand delivered on Friday. However, the letter indicated that counsel had sent a copy of the proposed draft to his client with instructions to show it to my client. While counsel did not directly communicate with my client, I wonder what other feel about this practice.

Response:

The consensus was exactly what I thought: Violation of RPC 4.2. While our clients may share information, documents, correspondence, etc. with their prospective ex spouses, attorneys should never direct their clients to do that behind the other attorney's back, and worse yet, tell counsel s/he did just that.

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