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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.
Moreover, copying clients on emails to opposing counsel risks an ?imprudent? reply-all message from their own client that may include ?sensitive or comprising information,? the opinion adds. The ABA's Model Rules are not binding ? enforceable lawyer ethics rules are established by individual states.
Make sure always to use correct grammar and punctuation. Try not to use slang or abbreviations when sending an email. Excellent legal writing is one of a lawyer's most important skills; thus, if you send email correspondence laden with text slang and emoticons, you could lose credibility.
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.
When you are emailing the opposing counsel, always be mindful of your tone, words, and spelling. Double-check and then check again before entering an email address in the ?To:? line and hitting ?send.? Make copies of all correspondence and never copy or blind carbon copy your client in emails with the opposing counsel.
The lawyer should send a disengagement letter to establish that the relationship is no longer continuing, and to refer the client to another lawyer.
Generally, when sending professional correspondence, you want to maintain cordiality among your professional adversaries. As such, using a sign-offs like Cordially, or Respectfully, can go a long way.