There is NO injunctive order prohibiting contact in this civil litigation against a financial institution. The defendant's lawyer wrote a letter to me ordering me to not contact the defendant because it is against the CA civil procedure rules. My understanding is that lawyers need permission, not the parties themselves. I am not a lawyer. I have always been polite and cordial in all communications. The defendant has never asked me to refrain from communication and all communications have been cordial and polite in all regards. Is this attorney correct?
Generally, parties have a right to communicate without their counsel present. (See the "Discussion" section of Rule 2-100 of the California Rules of Professional Conduct, located at http://rules.calbar.ca.gov/Rules/RulesofProfessionalConduct/CurrentRules/Rule2100.aspx, noting that "Rule 2-100 is not intended to prevent the parties themselves from communicating with respect to the subject matter of the representation").
However, it is important to note that the communication must originate with and be directed by you and not by your attorney. Otherwise, if the content of the communication originates with or is directed by the attorney, the communication is prohibited as indirect communication under Rule 2-100 of the California Rules of Professional Conduct : http://ethics.calbar.ca.gov/LinkClick.aspx?fileticket=iFVW3C5-FPc%3D&tabid=839.
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I agree with what's been said, but just because you can doesn't mean you should. Make sure you are careful about what you say because statements against your interests (as well as several other hearsay exceptions) could result in your statements being used against you during the case. Generally a good idea to let the lawyers talk.
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