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  1. #1
    Join Date
    Mar 2018
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    Question How to Confirm That a Lawyer Works for the Other Party

    My question involves labor and employment law for the state of: California
    My question is mostly procedural at this point. My question is how to go about validating an attorney's claim to represent an employer in a wrongful termination case.

    More specifically, say plaintiff (employee) sends a demand letter to defendant (employer). An attorney replies back stating that he/she is representing the defendant. How should the plaintiff validate this declaration. Anyone can write such a letter (of course, attorneys are not silly or have nothing better to do than randomly write to people, but ...). This is a generic legal procedure question. Options in my opinions are
    1) write to defendant and demand that they introduce the attorney
    2) write to the attorney and request a letter of explanation (similar to power of attorney).
    Concerns: if such a power of attorney is not validated, you can share information and/or make settlement agreements which are not binding and you have been talking to a not legal proxy.

    Could you please, if possible, state the law (the code) that addresses this step or this category.

    Thanks

  2. #2
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    Default Re: How to Confirm That a Lawyer Works for the Other Party

    Unless the attorney is a member of the psychic friend's network, how do you propose that the lawyer would know that you sent a letter to your employer? Or even know who you are, or what you complained about?

    If you have valid cause for concern, by all means ask the lawyer to confirm the relationship. But common sense comes into play, as well.

  3. #3
    Join Date
    Jun 2006
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    Default Re: How to Confirm That a Lawyer Works for the Other Party

    And why would they write to you at all if they were not?

  4. #4
    Join Date
    Oct 2014
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    Default Re: How to Confirm That a Lawyer Works for the Other Party

    Quote Quoting montaseri
    View Post

    Could you please, if possible, state the law (the code) that addresses this step or this category.

    Thanks
    There is not a specific rule in the California statutes that lay out steps to confirm an attorney is representing the person the attorney claims to represent. Rather, this just falls into the category of common sense given the particular situation you have. It is not any different really than any other situation in which one person claims to represent another.

    Note that it would be a very unwise for a lawyer to falsely claim to be representing another — that’s the sort of thing that in many states could result in discipline of the lawyer. Moreover, it would be quite the unusual situation in which doing this would benefit the lawyer in any way. Nevertheless, if you have some reason to doubt that the lawyer is representing the other person, the two ways you suggested are the options available to you. You could just pick up the phone and call the former employer to verify that, to make things a bit more simple and quick.

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