No. It is important that you do not have communications with your spouse’s attorney, as that is not permissible under our rules. Your spouse’s attorney is not permitted to speak with you directly if you are represented by counsel – nor may your attorney speak with your spouse if he or she is likewise represented – as it may be considered a breach of our ethical and professional rules. Additionally, it is not recommended that you attempt to do so in order to protect your rights and ensure you do not jeopardize your case.
However, you may communicate with your spouse directly (assuming there are no prohibitions on doing so). Sometimes clients believe that if they were permitted to speak with opposing counsel, they would be able to make progress on their case. In that situation, you can request that your attorney schedule a four-way conference at one of the attorneys’ offices for you and your spouse to communicate with the attorneys and work toward a resolution of your case in a group setting.
Regardless, your attorney should be communicating with you as to his or her availability and have a backup plan in place if he or she is planning to be out of the office for a period of time. Our attorneys at Gebhardt & Kiefer always ensure someone is available to assist you in the event your attorney is out of the office. That is just one benefit of working with our firm – someone is always available to assist you if needed.
Diana N. Fredericks, a family law attorney at Gebhardt & Kiefer, P.C. Diana works with clients whose needs lie in all areas of matrimonial and family law.