Q: Can a pro se communicate with the opposing party without their attorney's permission
I am representing myself against my employer, and I have a lot of support from former colleagues there, who are helping me out. My former employer's attorney threatened me with sanctions for communicating with them but Comment [3] to Rule 4.2 states that the rule "does not prohibit a lawyer who is a party to a legal matter from communicating on his or her own behalf with a represented person in that matter."
Is the OC is trying to deceive me?
A:
Under California law, Rule 4.2 of the Rules of Professional Conduct generally prohibits lawyers from communicating with a represented party about the subject of the representation without the consent of the party's lawyer. However, this rule does not apply to a party who is representing themselves, known as a pro se litigant. As a pro se litigant, you have the right to communicate directly with the opposing party.
Comment [3] to Rule 4.2 clearly states that the rule does not bar a lawyer who is a party to a legal matter from communicating on their own behalf with a represented person in that matter. This means that as long as you are representing yourself, you can communicate with individuals from your former employer regarding your case, even if they are represented by an attorney.
If the opposing counsel is threatening you with sanctions for such communications, it might be an attempt to intimidate or mislead you. It's important to know your rights and stand firm. If needed, you can cite Comment [3] to Rule 4.2 to support your position. If the situation escalates, consider seeking advice or assistance to ensure your rights are protected.
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