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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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can a pro se plaintiff contact defendant directly over defendant

Customer Question

can a pro se plaintiff contact defendant directly over defendant counsel?
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.

In most states a pro se plaintiff can speak directly to Defendant over Defense counsel. Generally, only attorneys are prohibited from contacting an opposing party who is represented by an attorney.

In what state is the litigation taking place? Let me know so I can check to make sure that the specific rule for that state is the same as the general rule.

Best Regards,
Zachary D. Norris
TexLaw and 3 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
New York
Customer: replied 5 years ago.
when i click on the accpet answer button nothign happens - please advise what to do so i can keep working with you and you can be credited. thank you.
Customer: replied 5 years ago.
In New York State can a pro ses plaintiff speak directly to Defendant counsel?
Expert:  TexLaw replied 5 years ago.
Sorry for the delay. I was working on another answer. In short, yes, in New York a pro se plaintiff can speak directly to the defendant, even though the defendant is represented by counsel. Direct Communications Between Parties Allowed: See Cook v. Moran Atlantic Towing Corp., 76 F.R.D. 481, 484-85 (S.D.N.Y. 1977) (parties to lawsuit have absolute right to settle a case without consent of their attorneys); compare In re Wehringer, 135 A.D.2d 279, 525 N.Y.S.2d 604 (1st Dept.), appeal dismissed, 532 N.Y.S.2d 366 (1988) (finding violation of anti-contact rule where lawyer negotiated directly with opposing represented party).

A pro se plaintiff may also speak directly to defense counsel (although it should be avoided if possible).

Let me know if you have any other questions on this issue.

Best Regards,
Zachary D. Norris
Customer: replied 5 years ago.
Thank you - to clarify: pro se plaintiff is in litigatin with defendnat who is represnted by defendant counsel - plaintiff has appeared with defendant counsel before the judge --is it still ok to then directly call defendant without further consulting defendant counsel in NYC?
Expert:  TexLaw replied 5 years ago.
Yes. You, as pro se plaintiff, may have direct contact with the defendant regardless of the fact that the defendant has counsel.