Legal Question in Legal Ethics in Ohio
Non-litigants
If a Mayor of a town is sent a letter by an individual or entity that it is NOT in any litigation with,and the individual or entity cc's their personal attorney at the bottom of such correspondence for the attorney's files, then the Mayor is absolutely NOT ALLOWED to respond to the correspondence because it was cc'd to an attorney?
Again, both the town and individual(entity) are not engaged
in any civil or criminal litigation.
Example of letter:
Dear Mayor Black:
The town administrator demanded I pay for a water tap over a year ago. It has been over one year since the Town was paid thousands of dollars to install and provide such water tap to my home. Repeated letters and telephone calls seeking the ''paid'' for utility service be provided is ignored by the administrator. I gave the Town thousands of dollars and have received nothing in exchange for such a substantial cash payment. I want a full investigation into why the town refuses to provide me with the water tap.
Can you help me by thoroughly investigating this dire
matter? A response from you, as the Town Mayor, is requested. Thank you for your immediate help in resolving this grave situation.
Sincerely,
Mr. & Mrs. White
cc: John Doe, LPA
1 Answer from Attorneys
Re: Non-litigants
there is no prohibition to the mayor responding directly to you in the situation you present. you merely indicated that your attorney (or rather, AN attorney) was being notified of your complaint. you also requested a direct response. if your attorney had sent the letter directly, then a response would be expected from the government legal office, directly to the attorney.
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