This form is a sample letter in Word format covering the subject matter of the title of the form.
Opposing Counsel And In Massachusetts
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Multi-State
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US-0011LTR
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Word;
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FAQ
There is no rule against your talking to the opposing party, or to the opposing party's attorney. There is a rule, however, that applies to attorneys only, that would prevent opposing counsel from responding to your communication, unless he had permission from your attorney.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
You could start by sending a detailed, certified letter to your lawyer, outlining your concerns and the history of non-communication. In this letter, request a comprehensive update on your case and an explanation for the lack of communication.
Send a final meet and confer letter. If you've requested dates multiple times (hopefully in writing) and still no response, unilaterally set a date. If opposing counsel then objects that he/she/the client is not available, tell them that's too bad and that they've been given multiple opportunities to set a date.
An attorney or paralegal may feel that responding to a question within 24 or 48 hours is sufficient, while the client is stressing out about the issue and expecting a response within the hour, or at least by close of business that day.
Follow up. Following up with the an opposing lawyer who is not responding is essential to maintain momentum and clarify outstanding matters. Send courteous and concise follow-up emails or letters, reiterating the urgency of the issue and requesting a prompt response.
Typically, it's best to give the opposing party a reasonable amount of time to respond, which could range from a few days to a couple of weeks, depending on the urgency of the matter.
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
Rule 56 - Summary Judgment (a)Motions for Summary Judgment. A party may move for summary judgment subsequent to the commencement of any proceeding under these rules except in actions for divorce or in actions for custody or visitation or for criminal contempt.
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Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. For example, a lawyer who receives from opposing counsel an offer of settlement in a civil controversy or a proffered plea bargain in a criminal.Among the least appetizing court appearances that an attorney must make is a motion to withdraw his or her representation from a client's case. Yes it is required to provide your documents etc. , to the opposing side, that you are planning to use in trial to support your case. The Massachusetts Trial Court Law Libraries make every effort to provide a current, accurate copy of the rules of court on this site. All lawyers have ethical obligations to the public, the courts, their clients, and even opposing counsel and parties. Agreement with opposing counsel on the matters set forth in the motion. There's a lot of paperwork involved with legal representation. You need to send a copy of the subpoena to every party in the case, including the opposing party.
