Iowa Sample Letter Notifying Client of Opposing Attorney's Correspondence
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FAQ
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.
If a client retains an attorney, silence is golden when communicating with opposing counsel. Clients must respect that boundary and avoid speaking directly to opposing counsel about their case. Why? An Attorney Cannot Speak to the Talkative Opposing Client about their Case.
Rule .7 - CONFLICT OF INTEREST: CURRENT CLIENTS (a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest.
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.
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.
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.?)
The lawyer should send a disengagement letter to establish that the relationship is no longer continuing, and to refer the client to another lawyer.
The conventions for addressing opposing counsel may vary by jurisdiction and court rules, but here are some common practices and guidelines: Use of Titles and Last Names: Lawyers often address each other by their last names and may include a professional title, such as "Mr. Smith" or "Ms.
