Sometimes you may have to "let it ring." Sometimes Not Communicating Can Be As Handy as Communicating
Lawyers are not obligated to put themselves and the interests of their clients at risk by engaging in off-the-record communications
February 15, 2022 at 03:16 PM
2 minute read
CommentaryCounsel, and self-represented parties, should be able to pick up the phone and speak with each other, and they usually can. Communication is good, and speaking with others is one of the easiest and most convenient ways to communicate. Dissertations about the civility of lawyers sometimes assume that the refusal to speak to an opponent is a trait of the difficult lawyer, not the defense mechanism of an ethical lawyer seeking to avoid potential trouble. But there is nothing in the rules mandating that a lawyer engage in spoken communication, and it is sometimes foolish to do so.
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