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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111526
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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1. Is there a time window that an attorney must abide by in

Customer Question

1. Is there a time window that an attorney must abide by in providing notice of a trial or hearing? ie. 12 hrs, 24 hrs 36 hrs. before the trial or hearing?
2. Is an attorney required to answer emails from a client?
3. Is an attorney in violation of conduct when such attorney walks out of a negotiation with opposing attorney leaving her client to continue negotiations alone?
4. Is an attorney in violation of rules of conduct when they walk into a conference room with opposing attorney and opposing client and leave her client sitting outside while she negotiates a settlement and apologizes for her client?
5. Is an attorney in violation of rule of conduct when she ignores the desires of her client and represents the case a different way and loses the case?
6. Is an attorney in violation of rules of conduct, when after being fired by her client, writes a letter to client's new attorney advising him not to represent her past client? ..... a scathing letter?
7.What are the main points of 13-510(a)(2) of the RLDD? and also 14-504(b)?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
1) The UT Rules of Civil Procedure only state that the party filing the motion files at least 14 days before the hearing date and at that time the clerk is supposed to send out notice to all parties of a pending hearing. The opposing party has to file their opposition 7 days before that hearing date and then the last pleading, the reply to the opposition, must be filed 3 days before the hearing. The attorney should notify his client in a "reasonable time" before any hearing they need to attend.
2) An attorney is required to reasonably communicate with a client. The rule, Rule 1.4 of the UT Rules of Professional Conduct states:
"(a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with respect to which the client’s informed consent, as defined in Rule 1.0(e), is required by these Rules;
(2) reasonably consult with the client about the means by which the client’s objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter;
(4) promptly comply with reasonable requests for information; and
(5) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation."
3) The attorney is not to withdraw from representation from a client if that representation would cause material harm or prejudice to the client's case unless the client is trying to get the attorney to pursue an illegal or unethical course of action.
4) In negotiations and mediation, it is not against the rules for the attorney to meet with the opposing counsel with the client out of the room. In fact, this is commonly done so the attorneys can try to discuss issues without client interruption and the attorney can present their client's position.
5) An attorney has the right to choose the best means of representation for their client based on their professional experience and discretion. Just because a client may disagree with the attorney's method does not mean the attorney violated any rule. If the attorney loses the case and the client proves the attorney's judgment and discretion was below the reasonable standard of care of a similarly trained attorney, then the attorney could be liable for malpractice, but that would require another attorney to review the conduct in the case to make that determination.
6) Yes it is a violation of the rules of professional conduct for the attorney to contact the client's new attorney to disparage the client to the new attorney.
7) what do you mean what are the main points? What specifically are you referring to about them?

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