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Louisiana Letter to Opposing Counsel regarding Continuance

State:
Louisiana
Control #:
LA-5372
Format:
Word; 
Rich Text
Instant download

Description

This is a letter to the Assistant District Attorney from an attorney who is representing a defendant in a criminal matter. The purpose of the letter is to confirm that the ADA has no objection to continuing the matter to a later date. If incorrect, the defense attorney requests that the ADA contact him to further discuss the matter. Finally, the attorney requests the ADA’s advisement regarding whether the defendant is required to be present in court to receive a notice.

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FAQ

It is legal for each party's attorney to talk to the other. This helps with the negotiations and often resolves in a quicker agreement.

Definitions of opposing counsel lawyers representing the other side (the opponents) in a dispute.

A party who is represented by counsel cannot be contacted directly by opposing counsel unless that party and opposing counsel expressly authorized direct contact.

You may notice at some point in your case, your attorney and the opposing counsel seem to be on friendly terms. While this can seem alarming, in most cases it's completely normal.

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.

There is no rule against your talking to the opposing party, or to the opposing party's attorney. There is a rule, however, that applies to attorneys only, that would prevent opposing counsel from responding to your communication, unless he had permission from your attorney.

(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

No California legal ethics rule expressly prohibits a non-lawyer client from contacting another party directly, although clients cannot be used as conduits for indirect prohibited contact from lawyers.

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Louisiana Letter to Opposing Counsel regarding Continuance