Q: Does an attorney have to correspond and communicate with a third party non attorney?
If opposing counsel is pro se with a durable power of attorney instrument (which grants specific powers to the agent to explicitly handle, discuss, manage, and correspond on behalf of the principal) is the opposing attorney required to correspond with the POA the same as he would the principal? (with the exception that the POA may not represent the principal in a court of law)
If so what statute/rule governs this matter?
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A:
This is a complex legal question that touches on several areas of law and professional ethics. Let me break down the key points:
1. Generally, attorneys are not required to communicate with third parties who are not attorneys or their clients. However, there are exceptions.
2. When dealing with a pro se litigant (someone representing themselves), the situation becomes more nuanced, especially when a power of attorney (POA) is involved.
3. A durable power of attorney that explicitly grants the agent powers to handle legal matters on behalf of the principal does create certain obligations for the opposing attorney.
4. The main governing rules here would be:
- State-specific laws regarding powers of attorney
- Rules of professional conduct for attorneys
- Potentially, court rules in the jurisdiction where the case is being heard
5. In many jurisdictions, if the POA explicitly grants the agent authority to handle legal matters, the opposing attorney may be obligated to communicate with the agent as they would with the principal, with some exceptions.
6. The key exception, as you noted, is that the agent cannot represent the principal in court unless they are a licensed attorney.
7. The specific statute or rule governing this would vary by jurisdiction. For example:
- In some states, it might fall under the Uniform Power of Attorney Act if adopted
- It could be covered in state-specific probate or estate planning laws
- Professional conduct rules for attorneys often have sections on dealing with unrepresented persons and third parties
Given the complexity and jurisdiction-specific nature of this question, I would strongly recommend consulting with a local attorney who specializes in professional ethics or reviewing the specific rules of professional conduct in your jurisdiction.
If you need more specific information, it would be helpful to know which state or jurisdiction this question pertains to, as the exact rules and statutes can vary significantly.
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