Topic: Going to sue Legal Assistant.

[FLMechanic]

There are parts that I'm not following. If CITI's attorney/rep/legal assistant violated FDCPA in course of collection or in court--- Wouldn't it be a CoA against CITI?

Why sue the paralegal or Attorney at the firm? You've just made it personal for them, when it was "just business" before.

I've seen how attorneys tend to get preferential treatment in personal matters, when appearing before Judges that they know/see regularly. Thats just the way the world is.

You will need to be very very careful.

[CleaningUp]

No.  Citi did not violate the FDCPA because they are not covered under the FDCPA in most states.

[FLMechanic]

No.  Citi did not violate the FDCPA because they are not covered under the FDCPA in most states.

I stand corrected. Thank you.

[FLMechanic]

How does CITI's arbitration agreement bind their Attorney and/or Paralegal, if they commit their own violations (not a CoA against CITI). ?

[WardOfTheCourt]

The binding of the agreement was detailed in Reply 25.

[innocentme]

Well, this case has now been moved and is part of my JAMS arbitration. 

The attorney representing her, notified me about a month ago that to communicate through him once I sued her last month. 

I know that "ATTORNEYS" can't communicate with represented parties.

I am pretty sure that I can continue to communicate with the party directly, as I am pro se.

The legal assistant showed up in my inbox yesterday in dealing with the case in JAMS, and I was a CC to the email. 

It made me think twice about whether I really couldn't communicate directly with the legal assistant who is being sued? 

Everything I read only applies to attorneys not communicating with represented parties.  I am seeing exceptions to even this when the attorney is acting pro se for themselves in a personal action. 


 

[kevinmanheim]

The attorney representing her, notified me about a month ago that to communicate through him once I sued her last month. 

I know that "ATTORNEYS" can't communicate with represented parties.

I am pretty sure that I can continue to communicate with the party directly, as I am pro se.

I am pretty sure that is a bad idea.

[cprems]

I would email the representing Counsel and ask if all communication is to go through him/her.

I would not communicate directly with a person who is represented unless given the OK to do so.

Even as a Pro-Se, you are conducting yourself as a private "Attorney" and will be held to the same ethical standards.

[innocentme]

Makes sense. I will refrain.

[FLMechanic]

Any progress? I'm anxious to see how this turns out.

[innocentme]

Yes, the legal assistant, and attorney, and law firm are all respondents in a JAMS arbitration.  They all agreed to the forum. 

The attorney got fired by Citibank about 2 weeks ago, after I served them with discovery.

So now the extra respondents are nothing more than respondents.  They are all fired by the bank, and are just being sued by me.

I have posted more details about this in other threads.