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My lawyer did not send me all filings & communications from the defendant - is that misconduct?

Belmar, NJ |

I filed a case against my business partner for breaking our contract. My partner's lawyer sent several documents in discovery, filed a detailed response, certification, counter-claims and many communications to my lawyer. I found this when I bumped into my former partner at a social occasion a few days ago. He asked me why my lawyer had not responded to everything. I was surprised. I wasn't aware my partner filed a response, sent emails, filed a response, counter-claims, documents for discovery, etc. My lawyer gave me a subset of the documents and just got the court filings. I asked him &he said he doesn't need to send me everything. He defended his behavior and said he only sends what he feels is necessary. Is he right? Is he not required to send everything to me? Is this misconduct?

Attorney Answers 2


  1. No, he isn't required to send everything that comes in to you. He is required to communicate appropriately with you however and should keep you up-to-date on what is going on. If you have concerns with the level of communication you should definitely talk with him.

    For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.


  2. The behavior of lawyers in New Jersey is governed by the Rules of Professional Conduct and generally accepted standards of practice. An attorney is required to communicate sufficient information to a client so that the client can make informed decisions. In general, an attorney is not required to provide the client with everything - to, in essence, duplicate the file - unless the attorney and the client make an agreement to do so.

    A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. arichardson@employmentlaw-nj.com Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.

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