San Antonio, TX asked in Estate Planning for Texas

Q: I have a power of attorney that is telling me her attorney won't speak to me since I'm not his client, but it's my case.

She's telling me any questions I ask is going to raise what they are billing, and she's not communicating with me like she should so I'm getting worried. But I've asked her for attorney info numerous times and she's only given me excuses.

Is it true that her attorney won't speak to me about my case?

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2 Lawyer Answers
Nina Whitehurst
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Answered

A: For better results, try reposting your question with more information provided. When doing so, keep in mind that a "power of attorney" is a document, not a person. The person that signs a power of attorney is called the principal, and the person designated by the principal to act for the principal under a power of attorney is called an agent or an attorney in fact.

Start by explaining what your relationship is to the principal. You referred to a "case". What kind of case? Is this a lawsuit? If so, are you the plaintiff or the defendant? What are you suing or being sued for?

A: It's generally true that an attorney will only communicate with their own client or someone who has been authorized to act on behalf of the client, such as a person with a power of attorney. However, in certain circumstances, an attorney may be willing to speak with a non-client about a case, particularly if it's in the client's best interests.

In your case, it's unclear why the attorney is refusing to speak with you. It's possible that your power of attorney does not give you the authority to communicate with the attorney, or there may be some other reason that the attorney is not willing to speak with you directly.

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