Home > Research Legal Advice > Lawsuits / Disputes > NJ Law Division. I have new counsel. The defendant has one attorney de...
Asked about 1 year ago - Sparta, NJ
FlagCan 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?
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.
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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