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under rule 4.4 of the ohio rules of professional conduct it

speaks about the respect of...
under rule 4.4 of the ohio rules of professional conduct it speaks about the respect of third persons.

my question is would i be considered a third person even though i am the plaintiff ( pro se ) in a case and the lawyer is the lawyer for the defendant?
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Answered in 5 minutes by:
1/1/2013
Barrister
Barrister, Attorney
Category: Legal
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Yes, the third person would be someone other than the attorney or their client. This rule is essentially to keep an attorney from legally beating up on the non-represented party simply because they can do so. For example, if a lawyer is filing frivolous motions just to delay or hinder the other side's case, that is prohibited and can lead to sanctions on the attorney if they can't articulate a good reason for their actions.
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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister
Barrister, Attorney
Category: Legal
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Customer reply replied 5 years ago


ok thank you .. one last question i am aware under the ohio civil rules that discovery material must be electronically emailed and mailed by regular postage. however if a defendant was served with interrogatories along with the summons and they was not at the time of service respresented by an attorney wouldnt they be required to answer the interrogatories since the plaintiff had no email address to send electronically.??? and should the attorney of record encourage the defendant to answer the interrogatories in the timely matter.?? in your legal opinion.

if a defendant was served with interrogatories along with the summons and they was not at the time of service respresented by an attorney wouldnt they be required to answer the interrogatories since the plaintiff had no email address to send electronically.
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Yes, whether they are represented or not, they still have to answer the interrogatories.
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and should the attorney of record encourage the defendant to answer the interrogatories in the timely matter.?
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Techincally yes, because an attorney has a duty to honor and comply with the rules of the court. But if they see some type of benefit from delaying, and they know that the other side doesn't have an attorney, then that may try to take advantage of this. This is because the attorney knows that the other side would have to file some type of motion to compel or motion for contempt to try to get it back in front of the judge to have the judge order them to answer the interrogatories. The time it would take to have the motion heard would likely be enough delay so they could answer.
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So the intentional delays are done every day for strategic purposes and the attorneys rarely get in trouble for doing so.
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Thanks.

Barrister

.

Please don't forget to rate my service "OK" or higher. It is only then that I receive credit for my work.

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If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 39,510
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Barrister
Barrister
Barrister, Attorney
Category: Legal
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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