Q: I am an unrepresented. No action filed. Can I cc the opposing party with a letter being sent to that party's attorney?
In a matter where no action has yet been filed in court, I am unrepresented, and the opposing party is represented by an attorney. I am about to send my final demand for resolution to the attorney. Is there any law that prohibits me from sending a copy of my written demand for resolution directly to the opposing party in the form of a cc? i.e. My letter would be addressed to the attorney, as I am responding to the attorney's comments from his previous letter, however, I want the opposing party to also receive the letter.
A:
Yes, it is unethical to communicate with a party who is represented by counsel. Representing yourself, you are held to the same standards of conduct as any other attorney would.
Idaho Rule of Professional Conduct 4.2 states:
RULE 4.2: COMMUNICATION WITH
PERSON REPRESENTED BY COUNSEL
In representing a client, a lawyer shall not communicate about
the subject of the representation with a person the lawyer
knows to be represented by another lawyer in the matter,
unless the lawyer has the consent of the other lawyer or is
authorized to do so by law or a court order.
The commentary to this rule explains why it would apply to you as an unrepresented party:
Commentary
[1] This Rule contributes to the proper functioning of the legal system by protecting a person who has chosen to be represented by a lawyer in a matter against possible overreaching by other lawyers who are participating in the matter, interference by those lawyers with the client-lawyer relationship and the uncounselled disclosure of information relating to the representation.
[2] This Rule applies to communications with any person who is represented by counsel concerning the matter to which the communication relates.
[3] The Rule applies even though the represented person initiates or consents to the communication. A lawyer must immediately terminate communication with a person if, after
commencing communication, the lawyer learns that the person is one with whom communication is not permitted by this Rule.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
