Rule 3.4 - Fairness to Opposing Party and Counsel. Matters have been discussed with opposing counsel.When communicating with the Court, counsel shall be prepared to state the position of opposing counsel. A lawyer shall provide competent representation to a client. Note that opposing counsel may cross-examine you when your testimony concludes. Will the hearing be transcribed? Sending Documents to Opposing Parties: All pleadings and other papers submitted to the. You MUST give notice of this Petition to the opposing party. An attorney very seldom directly addresses the opposing counsel in court, and not on the merits of the case.