Celebrating 10 years! 2007-2017

Ethics rule - can i contact opposing counsel's client?

I won a judgment and forwarded a copy of the signed court ju cheapbrass02/16/17
Side note: the case isn't officially over until the judgment specv31302/16/17
I would not contact the client directly. Why not get a writ therewillbeblood02/16/17
Gut says don't contact the client unless you are absolutely mrtor02/16/17
I would try to contact the lawyer a few more times by phone guyingorillasuit02/16/17
Agreed with this. I would avoid contacting the client direct kramer71602/16/17
Is there a dual appearance? attorneyinct02/16/17
Don't contact the client OP. Send opposing counsel letter isthisit02/16/17
He is not that person's attorney once the time to appeal and fettywap02/16/17
Ask the state bar association for guidance, rather than a bu dingbat02/16/17
Motion to Censure Dingbat on the basis that we only pwn in t isthisit02/16/17
motion to censure isthisit for being a turd dingbat02/16/17
Waaahh don't be mean to me on the Internet waaahh 😣! isthisit02/16/17
Don't contact the client directly. You could definitely get onehell02/17/17
Thanks everyone for the advice. I'll continue trying to con cheapbrass02/17/17
I always ask for attorneys' fees as a matter of form. In you orange902/17/17
Just to clarify- I do not ask that attorneys' fees be added orange902/17/17
No, see ABA Model Rule 4.2: http://www.americanbar.org/g massivemissive02/17/17
cheapbrass (Feb 16, 2017 - 11:37 am)

I won a judgment and forwarded a copy of the signed court judgment award to the opposing counsel for the defendant. The opposing counsel has not responded to my demand for payment (almost 1 month now). Am I allowed to send the letter requesting payment directly to the Defendant?

If i remember my ethics class, lawyers are not supposed to contact the opposing party directly if they are already represented. Since the case is now officially over, am I now allowed to contact the Defendant directly? or do I still need to continue requesting payment through the Defendant's lawyer?

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specv313 (Feb 16, 2017 - 11:33 pm)

Side note: the case isn't officially over until the judgment is satisfied.

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therewillbeblood (Feb 16, 2017 - 12:13 pm)

I would not contact the client directly. Why not get a writ of garnishment?

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mrtor (Feb 16, 2017 - 12:24 pm)

Gut says don't contact the client unless you are absolutely sure they have terminated their representation. Harass the attorney with letters and phone calls everyday until he responds or confirms the representation has been terminated. I'll defer to the experts on how to legally enforce your demand, but there must be options for hauling the lawyer back into court to get some kind of answer.

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guyingorillasuit (Feb 16, 2017 - 12:28 pm)

I would try to contact the lawyer a few more times by phone and in writing to confirm representation. A lot of the time, people just forget to get out of a case after it's over.

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kramer716 (Feb 16, 2017 - 12:35 pm)

Agreed with this. I would avoid contacting the client directly at all costs unless you get something in writing from opposing counsel giving you the green light. I usually called and let them know of the situation, and then if there wasn't an issue, I got an e-mail giving me the go ahead.

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attorneyinct (Feb 16, 2017 - 12:53 pm)

Is there a dual appearance?

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isthisit (Feb 16, 2017 - 1:06 pm)

Don't contact the client OP.

Send opposing counsel letters and leave voicemails.

Also check out your local rules on enforcing a judgment.

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fettywap (Feb 16, 2017 - 1:26 pm)

He is not that person's attorney once the time to appeal and file post-trial motions has passed. Then you can contact the person.

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dingbat (Feb 16, 2017 - 2:29 pm)

Ask the state bar association for guidance, rather than a bunch of jerks on the internet, you stupid f*ck

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isthisit (Feb 16, 2017 - 2:36 pm)

Motion to Censure Dingbat on the basis that we only pwn in the /dome.

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dingbat (Feb 16, 2017 - 10:26 pm)

motion to censure isthisit for being a turd

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isthisit (Feb 16, 2017 - 11:40 pm)

Waaahh don't be mean to me on the Internet waaahh 😣!

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onehell (Feb 17, 2017 - 1:16 pm)

Don't contact the client directly. You could definitely get a bar complaint for that.

If you can't get hold of opposing counsel, just subpoena the defendant for a post-judgment debtors' examination. These are basically just depositions focused on locating assets.

If opposing counsel is trying to hide the bad news from his client, a subpoena that requires the defendant's physical appearance and testimony will make continuing to do that impossible.

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cheapbrass (Feb 17, 2017 - 1:30 pm)

Thanks everyone for the advice. I'll continue trying to contact opposing counsel.

With that said, if I do have to bring the Defendant back in court with a post-trial motion, can I add on my attorney fees for enforcing the judgment to the judgment amount? This is a property damage case, and in Cook County, Chicago.

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orange9 (Feb 17, 2017 - 1:41 pm)

I always ask for attorneys' fees as a matter of form. In your case, I am of the position that filing a motion due to someone not abiding by a court order should absolutely pay your fees. I think it is a fair sanction, unless things get out of hand and you need additional relief.

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orange9 (Feb 17, 2017 - 4:28 pm)

Just to clarify- I do not ask that attorneys' fees be added to the judgement amount, I request that the court award fees for the filing of the motion.

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massivemissive (Feb 17, 2017 - 2:01 pm)

No, see ABA Model Rule 4.2:

http://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_4_2_communication_with_person_represented_by_counsel.html

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