I am now "pro se" in a family law case, the respondent who is represented by a lawyer emailed me that I can't contact his lawyer until i have new counsel representation. is this true? My understanding of RPC4.2 is the respondent cannot communicate directly to me because respondent has representation, respondents lawyer must communicate for the respondent. the respondent is in contempt of a Temporary Order and asked respondent's lawyer to have his client fulfill the Court Order of Child support Order signed by the Court.
You, as a pro se, can make contact with whoever you want. The respondent, as a party (not a lawyer) can also make contact with whoever they want, although their lawyer would probably prefer to be the one handling all communications. The respondent's lawyer is bound by ethical rules to not make contact with a person who is represented by a lawyer. But that doesn't stop the lawyer from contacting you, because you are not represented by a lawyer.
You should insist that the respondent contact you through their lawyer--this is not a binding rule, but it keeps things orderly. You should communicate with the lawyer as necessary to move the case forward. If you get a new lawyer, the lawyers will handle it from then on. Until then, any case-related communication should be between you and the respondent's lawyer.
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