NJ Law Division. I have new counsel. The defendant has one attorney deemed trial counsel and has two attorneys.

Asked over 2 years ago - Sparta, NJ

Can I instruct my new counsel only to speak with the trial counsel who is obviously the more expensive attorney. Are there any rules which will only allow my counsel to speak to the other attorney designated as the non trail attorney?

Attorney answers (4)

  1. Robert V Cornish Jr.

    Contributor Level 16

    5

    Lawyers agree

    Answered . Your attorney needs to talk to the other side's counsel -- all of them -- as they see fit to have your case handled properly. Very likely, your attorney will need to be speaking to the "non-trial" attorneys for discovery and witness matters, all of which are crucial to your success. So putting it bluntly -- let your attorneys do their job.

    The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client... more
  2. Vivek S. Suri

    Contributor Level 11

    1

    Lawyer agrees

    Answered . I think you should leave it to the judgment of your new counsel as to who to speak to on the other side. It seems the defendant has different attorneys handling different aspects of the case. Your counsel may need to speak to one or both depending on the circumstances.

    The above answer is only for information. This answer and any response does not create an attorney-client... more
  3. Jason Daniel Stone

    Contributor Level 8

    1

    Lawyer agrees

    Answered . I think you should leave it up to your attorney who he chooses to speak to. It seems as if you may be seeking to increase the cost of litigation not to obtain a just result.

    Jason D. Stone 732-444-6303. This is not legal advice and is not intended to create an attorney-client... more
  4. Christopher Edward Ezold

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified.

    That being said, if the purpose of the instruction is to cause unnecessary cost or delay, then the instruction would cause your attorney to violate his/her obligations under the ethics rules, and be potentially punishable by the court as dilatory and vexatious conduct.

    Furthermore, how to conduct the case at an administrative level is within the judgment of your attorney; a good attorney never gives that power to their client.

    I can assure you that having three attorneys is very expensive for your opponent, and you don't need to manipulate communications to increase their costs.

    /Christopher E. Ezold/
    The Ezold Law Firm, P.C.
    One Belmont Avenue,
    Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585
    Cezold@Ezoldlaw.com
    www.ezoldlaw.com

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