Can 2 parties speak to each other if they both have attorneys or do they have to go through their attorneys??

Asked over 2 years ago - Longmont, CO

In a family law/child custody type case.

Attorney answers (5)

  1. Stephen Clark Harkess

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . If there is no restraining order, the parties can (but don't have to) talk to each other without their attorneys.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  2. Christopher Daniel Leroi

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . Both of my colleagues are correct. I actually encourage my clients to talk with the opposing side to resolve minor issues without having to go through the attorneys and have additional attorney fees for things that are really not "legal" in nature. You are just prohibited from harassing, antagonizing, or disturbing the peace of each other. So, it should be civil in nature.

  3. April D Jones

    Contributor Level 10

    3

    Lawyers agree

    1

    Answered . Unless there are specefic court orders preventing contact such as a restraining order or civil no contact order, parties can speak to each other if they both have attorneys. If you are able to do so civilly you can sometimes work some issues out between you and then the attorneys can finalize the details. If you can't get communicate well right now, going through attorneys might be best.

    If this answer was helpful, please indicate below.

    Visit my site at www.apriljoneslaw.com.

    Best,
    April Jones
    Attorney Since 1991

    All written responses are for general informational purposes and do not constitute legal advice. Please consult an... more
  4. Karl J Geil

    Contributor Level 17

    3

    Lawyers agree

    Answered . Yes, they may, so long as there are no court orders in the case, or in some criminal case or civil protection order case, which provide otherwise. However, you cannot compel the other party to talk to you. If that party insists that all communication be had through the attorneys, then that is how communication is handled.

  5. David Littman

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . I agree with all four answers from my colleagues. Despite the anger and tension of a divorce, and assuming that there are no personal safety issues, I encourage my clients to discuss issues with one another. Sometimes, a public setting such as a restaurant or coffee shop are best and the presence of other folks around reminds the parties to speak respectfully. Obviously, the discussion should not be within hearing of the children. When parties share children and have some years of joint parenting to do, the sooner they can speak with one another, the better for all involved, especially, the children.

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