Clifton Park, NY asked in Family Law and Child Custody for Texas

Q: I told my lawyer that all communication is to go through them in a case if they don't do it, what does this violate?

I requested all communication go through my retained lawyer for a termination of rights case in Family law. There is also an existing court order stating no communication outside of a court appointed app between parties. If a lawyer does not abide by the request what can be done? Does this violate a law, statute, regulation, code of conduct, ethics, etc? If so which one(s)? Is it harassment and stalking if the other party continues to contact me, friends, family, and neighbors after being told no contact multiple times?

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Divorce Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Rule 4.02 of the Texas State Bar Rules prohibits a lawyer from communicating with a person who is represented by another lawyer. There are certain legal documents that must be personally served, for example citations, subpoenas, show cause orders. A lawyer who violates this rule can be disciplined.

A party, however, is not themselves barred from communicating with another party or witness in a case. A court can order the parties not to communicate with one another or to communicate solely through an app like Our Family Wizard. Such an order theoretically can be enforced by a motion for contempt.

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.