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8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.
As a rule, lawyers should avoid carbon copying or blind carbon copying clients on email, especially those to opposing counsel. And if doing so is necessary, the lawyer should first explain to the client why the lawyer is using CC or BCC, and that the client should not respond to all.
Rule 1.7 clarifies DR 5-105(A) by requiring that, when the lawyer's other interests are involved, not only must the client consent after consultation, but also, independent of such consent, the representation reasonably appear not to be adversely affected by the lawyer's other interests.
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name].
Try to Be Cooperative To that end, create an accommodating tone at the beginning of your dealings with the other attorney. If you set that tone, you may see a measure of reciprocal, even pleasant behavior.
A: Yes, contact is forbidden even if the opposing client, not the lawyer, initiates it. See comment 1 to Rule 4.2 (?This rule applies even though the represented person initiates or consents to the communication.?)
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name]. I have not yet received a response from you regarding [list the specific issue or question]. Please let me know your thoughts as soon as possible so that we can continue to move forward with the case.
Local California bar associations are beginning to weigh in on the ethics of social networking - with respect to judges, jurors, and adverse parties. The San Diego County Bar Association has observed that friending a represented party violates California Rule of Professional Conduct 2-100.