An emphatic “No”. The ethical considerations of the legal profession prohibit an attorney from communicating with the opposing party when that party is already represented by an attorney. Consequently, if you called your spouse’s lawyer, the chances would be excellent that he or she would not take your call and politely explain this ethical consideration and that you would just have to wait until your attorney returns.
A worst-case scenario would be if the other lawyer didn’t recognize who you were and actually talked to you. You could say things that would not be in the best interests of your case while setting up potential motions and court hearings over this innocent attempt to resolve whatever issues were on your mind, at increased costs and expenses to you on your case. You hired your lawyer for a reason; stick with him or her, even if they might be temporarily out of your reach.
William F. Neal serves as the head of the Family Law Section at Hammerle Finley in the Metroplex area, including Dallas and Fort Worth.
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