Is it wrong for the defendant’s attorney/friend to pass a note from the gallery to the defendant in a small claims hearing?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it wrong for the defendant’s attorney/friend to pass a note from the gallery to the defendant in a small claims hearing?

I was the plaintiff in a small claims case in CA earlier this month. As I was
speaking to the judge, the attorney, who had also written a letter on the
defendant’s behalf near the beginning of the dispute, thereby having a stake in
the outcome of the case, sent a note to the defendant’s table by way of her
witness, who walked the note through the double swinging doors to take it to the
defendant.

Is there anything wrong with this? Does it violate attorney ethics? What can I do
about this if it is a violation?

Asked on June 29, 2017 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is legal: anyone may make an observation or suggestion to someone in a trial (so long as the judge doesn't bar or prevent it; the judge has the authority to control his/her courtroom and also the conduct of the trial). It is also not unethical, since this person, if he was the defendant's friend, had no legal or ethical obligation to not help his friend; only if the attorney had represented you and was using information from nis representation or compromising his representation of you would this be unethical. But absent some tie or connection to you, he could help his friend.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption