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  1. #1
    Join Date
    Dec 2011
    Posts
    3

    Default Can You Refuse to Communicate With Opposing Counsel

    My question involves a power of attorney in the state of: Kansas

    Hi,

    I am having a fight with the home owner association to one of my investment houses. The HOA is copying all our communication emails to their attorney. Do I have the right to deny communicating with that attorney they are using?

    Thanks for any advise.

    * Fight is not bad at all, it could train ones mind, improve one's knowledge and gain benefit if one is a real tough fighter.

  2. #2
    Join Date
    Sep 2010
    Posts
    9,944

    Default Re: Can I Have the Right to Deny an Attorney the Other Party I Am Fighting with Hired

    No. You can not deny the opposing party the right to legal counsel.

  3. #3
    Join Date
    Dec 2011
    Posts
    3

    Default Re: Can I Have the Right to Deny an Attorney the Other Party I Am Fighting with Hired

    Thanks for your reply.

    I knew I couldn't deny the opposing party the right to legal counsel. My question was: Can I deny that particular attorney they are using? (They could hire another one for legal counsel).

    I had an experience from another fight for collection, where I knew I could write a letter to legally deny the collection attorney the opposing party has hired, and once they receive my letter, the attorney can't communicate with me anymore. (and they will have to find another one)

    Can I do same here?

  4. #4
    Join Date
    Sep 2010
    Posts
    9,944

    Default Re: Can I Have the Right to Deny an Attorney the Other Party I Am Fighting with Hired

    Unless you can make some case for conflict of interest (i.e., that attorney has represented you before and has privileged knowledge of your situaition). Just because you don't like the opposing counsel means nothing.

    I have no idea what you're referring to with the other case. In a third part collection case you can tell them you don't want to communicate (and it matters not if it's the laywer or some other employee of the collector). However, you can not stop them from getting advice (and sharing communciation) with the counsel of their choice.

  5. #5
    Join Date
    Dec 2011
    Posts
    3

    Default Re: Can I Have the Right to Deny an Attorney the Other Party I Am Fighting with Hired

    Thanks for your good answer.

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