Discussion of Client's Finances in Letter Copied to Opposing Counsel

[milltalski36]

I am curious to know if it is appropriate for a lawyer you retain to bring up financial situations regarding billing and telling his opinions with client concerns in an email sent to both said client and intentionally copying the opposing party's lawyer?

[Conrad Hunter]

That violates the rules for attorney/client relationships in my opinion. You don't say what state, but the ethical rules attorneys must follow are very uniform from state to state. He just sent a big clue to the opposition that you might have limited funds for fighting the case. If you are the defendant, maybe he is trying to them them you are judgment proof?
In any case it is not right and I would send him a certiufied letter warning and tell him not to do anything like that again.

[cmre3456]

I am curious to know if it is appropriate for a lawyer you retain to bring up financial situations regarding billing and telling his opinions with client concerns in an email sent to both said client and intentionally copying the opposing party's lawyer?

I agree. Not good. Now, in your statement "and telling his opinions with client concerns" was that regarding only money, or something else about the case? If it was something about the case itself, that would be worse.

We don't know whether you are the plaintiff or the defendant, but either way the other side shouldn't be made aware if you have a financial problem.

It's possible that it was inadvertent. That's happening more with electronic transmissions including emails and faxes, where the wrong number or address can all too easily be included, especially when it's stored in the machine, and/or when it's sent out at the same time as other correspondence. Because of this, I would be tactful and ask your attorney "what do we do now?"

[Mr. Knowitall]

What is the factual context? And what state is involved?

[milltalski36]

The email transmission brought up concerns with a mediator using a question by another opposing lawyer. After I made the response the mediator stated "You do think in____" giving confirmation that one of the lawyers gave their opinions about me prior to my meeting. The response was not directed at me as a counter-statement, the mediator said this to themself while looking down and writing on a notepad. I had also brought up that upon entering the office, the mediator was on a phone call with someone other than a client, and closed the conversation in a personal manner suggesting either talking to a colleague, or on a personal call. I had suspicion, looking at body language and how the mediator spoke, it was obvious in my opinion it referred to my case. I know it was a stretch but what questions were used and some of the comments, it lead me to believe the my character was defiled and bias was established and used.

My lawyer replied in his response to the above who we were going to subpoena, what motions we were going to make in court, and that his staff will be sending me a bill of where I stand. My lawyer also mentioned to me that I will need to pay another retainer fee if the case continues further, and that I would have to pay another fee for the mediator. My lawyer's rhetoric on the email was very rude, stating that I need to inform myself how the judicial process works, rather than informing in a professional manner what we can or cannot do. The state is WI.

I should also mention my lawyer replied after I had questioned lawyer-client confidentiality was breached due to the other party receiving the email. My lawyer mentioned other than having a professional relationship and trusting the word of the other lawyer, there is no absolute certainty the opposing lawyer read it. My lawyer also mentioned that even if the opposing lawyer did read it, it would have no effect on how things will unfold with the case.

Is it possible to make a motion of a mistrial? What options other than filing a report to the bar association do I have? I felt that my case would have been resolved differently due to who is involved with it. My lawyer even went along with the opposing lawyer's suggestion of what mediator to use, even after I questioned it due to the mediator having an office down the hall and notorizing all of the opposing lawyer's legal documents.