Criminal Trials, Hearings is it legal or ethical to send a draft of a motion to the advisary with out notifying

[curious1958]

Dear Sir/Maam,
I was wondering if it is ethical or even legal for an attorney let's say mine to send a draft copy of a motion we were working on to the advisary attorney without my knowledge or consent. This was discovered much after the trial/settlement during a plenary hearing, when a file was subpoenead into court. Is this ethical? This is where a fax from my attorney to the other attorney was found and it stated in the notation that it was a draft of the motion I was working on to be filed with the court and was being sent to the opposing attorney out of courtesy to him/her. Is this something legal that is doone especially since it was done without the client's consent or knowledge? I am very curious as to how many other drafts were sent out with out my knowledge in this highly contested case. Please advise if you can:no???:no:
Signed...Curious 1958

 

[dee_dub]

Depends on the motion, but often it is legal, ethical, and in fact advisable for lawyers to send drafts to opposing counsel. Like the fax says, it was a courtesy. Possibly, the other side's lawyer reciprocated. It helps facilitate the litigation process, the point of which is not to screw the other side by ambushing them but to resolve the dispute as quickly and favourably as possible. Your lawyer has conduct of the matter and likely does not need to ask your permission. If you're curious, ask your lawyer - they work for you and answer to you.