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max713, Lawyer
Category: Family Law
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Pro Se Divorce Basics: What is the best way for me to communicate

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Pro Se Divorce Basics:

What is the best way for me to communicate with my husband's lawyer?

I have set up a separate email account for this purpose.

Is he likely to blow me off?

Is it okay to copy my husband on the emails I send to his lawyer?

For instance, If I want to suggest mediation, would it be appropriate to send an e,ail to them both?

max713 :

Hi. I thank you for choosing Justanswer for your legal question(s). My role as expert is to provide you with utmost service through providing legal information that is honest and truthful (and not overly rosy in nature). Notably, I do not provide advice.

As far as any case is concerned, if your husband is represented by an Attorney, it is best not to contact him directly. Hence, ccing him on an email you send to his lawyer would typically be inappropriate. Similarly, if you want to suggest mediation, you should send an email to his lawyer only.

max713 :

... Otherwise, you could get in trouble for inappropriately contacting a represented party.

Customer: Thank max. what is the best way to communicate with his lawyer? Is it likely he will blow me off? What is a reasonable time to expect a response from him or provide a response to him?
max713 :

That's a great question; and, you are most welcome. He SHOULD contact you within a reasonable time, but he does not owe you any duty to do so.

max713 :

To clarify, the rule is 4.2 of the Maryland Ethics Code:

max713 :

Rule 4.2 Communication with Person Represented by Counsel

(a) Except as provided in paragraph (c), in representing a client, a lawyer shall not communicate about the subject of the representation with a person who the lawyer knows is represented in the matter by another lawyer unless the lawyer has the consent of the other lawyer or is authorized by law or court order to do so.

max713 :

... The same is true of a pro se litigant who knows that the other party is represented by counsel.

max713 :

Do you have any follow up questions? If so, please ask away - as I am here to answer any and all questions you may have.

Customer: What if my husband tries to discuss the case with me?
max713 :

Well, if that occurs, it's likely best to ignore it. You can still get in trouble for communicating with represented parties, even if they initiate it. While you may be able to explain it away to a Judge, it still could look bad - depending on the Judge, and how well you explain it.

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