Legal Question in Legal Ethics in Illinois

What is the protocol for lawyers or their agents, in terms of communicating with a case client for which he/she is not representing (the opposing side)? Can the attorney for a plaintiff contact the defendant outside of the defendant's attorney?

A mortgage investigator hired by the plaintiff's attorney approached the defendants and pressured them to make some decisions about their home, while they were facing foreclosure. The defendants complied at the time, but now need to know if that was appropriate for the plaintiff attorney's agent (the investigator) to do so. The defendants are facing eviction from their home after they were subject to fraudulent mortgage practices over 5 years ago.

Asked on 7/21/12, 1:33 pm

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Not sure I follow all of the facts, but the only restriction on an attorney contacting an opposing party would be if that opposing party was represented by an attorney. In other words, if you had an attorney, and the plaintiff's attorney was aware of this, the plaintiff's attorney would not be allowed to contact you without your attorney's permission.

Depending on where you are with the case, you may be able to file an answer with affirmative defenses and possibly even counterclaims. You should immediately contact a foreclosure defense attorney in your area.

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Answered on 7/24/12, 2:05 pm

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