Your lawyer should know how to handle this. One thing to consider is for the lawyer to write to the Administrative Judge. However, ex-parte letters are not permitted.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.
Ex parts communication is most definitely allowed however the issue you bring up is one only your attorney can address.
The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
I agree - your attorney should have been aware that ex parte communications are not allowed. As to what your attorney is trying to "get in the record," that depends on what stage the case is at. If the case is in the middle of a trial, then your attorney can simply note his objection if she denies admissibility of a piece of evidence. That way, the issue is preserved for appellate review. In any event, if you're looking for a 2d opinion, please feel free to contact my office for a free initial consultation - my number is 718-725-9600.
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