peter6 said:
I have a few exchanges with other side's lawyer before engaged with my current lawyer. Is it proper for me to ask other side's lawyer about if they will respond to my lawyer's letter?
No, it isn't.
I've sacked clients for getting in touch with the other side's lawyer. I won't have it.
Quite apart from everything that
@Rob Legat - SBPL says above, it's just impossible to work if it's happening.
- No, and please don't do that unless it is an absolute emergency. It's a breach of ethics for a lawyer to communicate with another lawyer's client without proper consents in place - and even then most lawyers won't do it. You should only consider it if something is exceedingly urgent and you cannot get ahold of anyone at your lawyer's firm. Even then, you may be turned away.
I would add that what the client thinks is exceedingly urgent, or an "absolute emergency", probably isn't.
Being patient while anxious is one of the hardest things for any client to do.
Being patient with a client who is impatient while anxious
is one of the hardest things for a lawyer to do.
As to billing for phone calls, etc, it depends.
I look to a phrase in tax law - "minor, infrequent, and irregular" - as a gauge.
If your contact is of that nature, then, like Rob, I tend to think of it in terms of customer service.
But, if it's something that...
- our very clever and efficient clerk cannot handle; or
- is a conversation that is (or becomes) lengthy, or becomes detailed,
or becomes a "counselling session"; or
- if the client wants me to Do Something new or extra,
then I'll tend to bill for that.