Should a plaintiff ever speak with the defense’s lawyer?

I filed a small claims case (i have no attorney) and the defendant’s attorney (defendant is a corporation) was just notified of trial. The attorney tried to call me but I didn’t pick up. I’m not sure why he would call…perhaps to settle? Should I talk to him?

Thanks.

Related posts:

  1. How do defense lawyers defend the defendant if they know that they did the crime?
  2. If the lawyer don’t call a witness on your defense,that will prove the plaintiff is a liar can it be dismissed?
  3. What should a defense lawyer do if…?
  4. How do get my lawyer to call me back reagrding my case?
  5. Should I hire a defense lawyer if case will be hard to win?

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4 Comments

  1. rickinnocal
    Posted June 2, 2011 at 4:59 pm | Permalink

    Yes you should speak to him. Many States actually *require* as a matter of law that parties in small claims attempt to settle their difference before trial.

    Even if it’s not *required*, if you go to court and the defendant says “Well, Judge, we called him trying to settle, but he wouldn’t even pick up or call back.” it looks bad for your case.

    Richard

  2. divot II
    Posted June 2, 2011 at 5:27 pm | Permalink

    You assume that someone on y/a knows enough about your case to give you advice. The value of the advice is equal to the value of your assumption.

  3. kowpowsd
    Posted June 2, 2011 at 6:17 pm | Permalink

    IF you have a case get a lawyer, if you have a good case your lawyer will take it up on contingency, meaning he will get paid if you win. If a corporate lawyer is calling your home do not answer it or do not answer any questions. You are messing with the big boys now and if they know which they do that you don’t have any representation then you are done. It does not sound as though you are the plaintiff if you have not gone to court. Talk to a lawyer and get a consultation for free, and find out if you even have a case. You would be a moron to show up in court in front of a corporate law attorney with out representation, they will eat you for lunch and may even fine you for their time wasted in a frivolous law suit. Just saw that it is small claims which is up to 5000 dollars. Move on.

  4. STEPHEN
    Posted June 2, 2011 at 6:55 pm | Permalink

    If you are representing yourself (which you have a right to do) then you are your own attorney, so Yes, you can, and should, talk with the attorney on the opposing side. S/he probably wants a continuance, but you never know.