What reason might a plaintiff's attorney have for phoning a pro se defendant weeks prior to a status hearing? Is this ethical? Should the defendant return the call? Is it likely to be yet another attempt at getting defendant to agree to a settlement before court? Thank you.
You would need to ask the plaintiff's attorney for the reason. There is nothing unethical about calling the defendant if he or she is not represented by an attorney. It may very well be an attempt to work out a settlement. Or any number of other reasons.
In many jurisdictions, the parties are required to meet and confer before a status hearing. That might be why the attorney is calling you. The plaintiff may also have a settlement proposal. The plaintiff might be trying to set your deposition. There are many reasons the attorney may be trying to contact you. Yes it is ethical--in some situations is is required.
The only time it is unethical for a lawyer to contact an opposing party is if that person is represented by an attorney. Since you indicate you are pro se, the lawyer must contact you to do all the things lawyers do to conduct litigation. If you insist in proceeding pro se, you need to return the lawyer's call. In fact, if you fail to return the call, and you were supposed to meet and confer, the court may sanction you.
This is just the beginning of what will be a difficult experience. Trial is not for the inexperienced.
We have no idea why the attorney would call you, but since you are unrepresented, ut is perfectly ethical and proper to discuss the case with you. Attempts at settlement are certainly not unethical.
tephen Laurence HoffmanPersonal Injury LawyerChicago, IL ·
100% ethical and permissible.
Some possible reasons:
To see if you want to settle
To see if you're ready for trial
To see what witnesses you plan to call
To see what documents you will introduce
As long as you are not represented there is nothing unethical or illegal about the Plaintiff's attorney attempting to contact you. Indeed, he/she may be attempting to secure a settlement. Settlement should always be the preferred course of resolving a dispute. However, there could be a number of other reasons he/she is attempting to contact you. It is your prerogative to ignore or return the call.
As long as you are a pro se litigant, you are the only person the plaintiff's counsel can contact. Accordingly, it is not only ethical but likely necessary. Settlement is usually a better option than going to trial, depending upon the facts of the matter. If you hire an attorney to represent you in this matter, which is strongly recommended, plaintiff's counsel may no longer contact you directly without express permission. Otherwise, there are numerous appropriate reasons for him/her to contact you as you have related.
