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Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name].
Some are, some are not. The general rule is that all communications between parties is open and unprotected . However an exception applies to communications as part of an effort to settle the case. It is wise to head all such communications with the words ??Without Prejudice".
Reiterate to opposing counsel that you understand they are not your attorney. Make it very clear that you know opposing counsel represents the opposing party and not you. Let them know you understand they cannot give you legal advice or help you with your side of the case.
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.
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.