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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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If a plaintiff if given a date to secure an attorney in

Customer Question

if a plaintiff if given a date to secure an attorney in federal court, and they exceed that date by a couple of days can a defense attorney file a request to not allow the plaintiff more time or is the judge the only person who can do that.
Submitted: 1 year ago.
Category: Legal
Expert:  Brandon M. replied 1 year ago.

Good day, my name is Brandon. The answer depends on some of the particulars of the case. Can you provide more details about the situation?

Customer: replied 1 year ago.
This is a whistleblower case. The attorney in the case I had for 2 years is no longer representing me. I needed to give the name of new representation Monday and have found an attorney today who sent a retainer agreement tonight. I called the judges chamber and the person answering the phone was familiar with my case and said if I had the attorney call tomorrow it should be ok. The dilemma I have is the defense attorney asked I contact him before securing an attorney to see if we could settle. If I send the defense attorney an email tonight that if we cannot come to an agreement tomorrow will I be putting my case in jeopardy - will the attorney currently interested in taking the case find out I tried to negotiate with the defense attorney and not take the case.
Expert:  Brandon M. replied 1 year ago.

Thanks for those details. I question the ethics of the opposing attorney asking you to call to discuss settlement before securing another attorney; that was improper and I'm glad that you did not adhere to that request. There's no obligation to discuss settlement with the other attorney now that you have representation pending, so my recommendation is that you not have direct contact with the other attorney. Instead, I recommend that you tell your new attorney about the situation and that person can call the other attorney on your behalf.

​If you decided to talk to the opposing counsel anyway, your new attorney will probably find out from the opposing counsel very quickly. I can't say whether the new attorney will decide to not take the case because you tried to negotiate settlement on your own. Personally, if I was the new attorney, that normally wouldn't stop me from representing you, but I would be concerned about whether you may have said anything that would compromise your case.

​I agree with the court's clerk that if you have the attorney call tomorrow, everything will almost certainly be ok. The courts are usually flexible and actually prefer that parties are represented by attorneys -- the process is much smoother for the court, a just outcome is more likely, and there's a lower chance of the matter being overturned on appeal due to the court being unreasonable with something so crucial.

​Does this make sense? Let me know if further clarification is needed, and please leave a rating once you are finished. Thanks.

Customer: replied 1 year ago.
based on your previous response i already sent an email to the defense attorney to talk about a settlement. unfortunately i cannot recall the email. what do i do know as it appears this was not the right move. should i let my new potential attorney know i have contacted the other attorney or leave it alone.
Expert:  Brandon M. replied 1 year ago.

I only gave this response... is there any chance that you've posted your question twice and are also talking to another attorney? It's fine if you are, but I just don't want there to be any confusion.

Expert:  Brandon M. replied 1 year ago.

I wouldn't worry about having sent the email just yet, but if you can cut and paste the text, I can look for potential problems. That said, I would recommend letting your attorney know that you sent the email; it probably wont' make any difference in his decision to take you as a client, and you don't want him to be caught by surprise later.