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New Mexico Sample Letter to Opposing Counsel in Breach of Contract Claim

State:
Multi-State
Control #:
US-0060LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Subject: Breach of Contract Claim — Request for Collaboration and Resolution [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Opposing Counsel's Name] [Opposing Counsel's Law Firm] [Law Firm Address] [City, State, ZIP Code] Dear [Opposing Counsel's Name], RE: REQUEST FOR COLLABORATION AND RESOLUTION — BREACH OF CONTRACT CLAIM I hope this letter finds you well. I am writing to you as the counsel for [Your Client's Name], in reference to the breach of contract claim against [Opposing Party's Name]. As both parties involved in this dispute, it is crucial that we work together to explore potential resolutions and avoid protracted litigation. This letter aims to initiate a constructive dialogue between our clients towards achieving a fair and amicable resolution. 1. Background and Context: In order to provide clarity on the matter at hand, let's briefly summarize the crucial details of this case. A breach of contract claim has been submitted by [Your Client's Name] against [Opposing Party's Name] regarding a contract signed on [Contract Signing Date]. The contract, attached herewith, clearly outlines the rights and obligations of both parties. 2. Claim and Damages: [Your Client's Name] asserts that [Opposing Party's Name] has materially breached the terms of the contract by [specify breach and any accompanying evidence or supporting documentation]. This breach has had a significant impact on [Your Client's Name]'s business operations, leading to damages estimated at [amount/description of damages claimed]. 3. Collaborative Approach: Recognizing the costs, potential for reputational harm, and time associated with litigation, it is in the best interests of both parties to seriously consider alternative dispute resolution methods. We propose engaging in constructive negotiations, either directly or with the assistance of a qualified mediator, to explore potential settlement options that align with our respective clients' interests. 4. Information Sharing: To facilitate the resolution process, we kindly request that you provide any relevant documentation, contracts, or correspondence related to this matter. We are willing to reciprocate with the sharing of pertinent documents, including, but not limited to those related to the alleged breach, damages calculation, or any contractual modifications or communications after the initial contract's signing. 5. Deadline for Response: In order to effectively move forward towards resolving this dispute, we kindly request a response to this letter within [specified deadline, typically 14 days from the date of this letter]. Prompt communication would allow for better assessment of each party's position and a more expedient resolution. 6. Confidentiality: Given the sensitive nature of this matter and the potential impact on our respective clients' interests, we expect all correspondence related to this case to be treated confidentially and used exclusively for the purpose of resolving this dispute. 7. Closing Remarks: It is our sincere belief that, by adhering to a collaborative approach, we can find common ground and reach a mutually beneficial resolution. However, should our attempts at resolving this matter amicably be unsuccessful, we anticipate a fair and proper litigation process to protect and advance our client's interests. Thank you for your prompt attention to this matter. We look forward to your response and the opportunity to discuss potential resolutions. Sincerely, [Your Name] [Your Law Firm Name] [Your Law Firm Address] [City, State, ZIP Code] [Email Address] [Phone Number]

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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".

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.

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.

Under this general definition, it doesn't matter whether the agreement was oral or written, if you do not perform your agreed upon term you are in breach of the contract. A legitimate legal excuse. If the any of the terms of the contract made the contract unenforceable, the party in breach may have a legal excuse.

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.

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Letters. Counsel Contract Application. US Legal Forms is the largest catalogue of online templates offering a quick and simple way to search, download, ... Example letter to send to opposing counsel in good faith effort to resolve dispute before filing a motion to compel.Feb 24, 1970 — Conduct resulting in rule violation: 1) Failure on two consecutive occasions to file responses to motions by opposing counsel or attend the ... Write a paragraph or two about the dates and events that lead to the contractual breach; Step 4. Cite the exact laws and contract provisions that the party ... 2d 172, 176 (1995). See section II D herein for a discussion of a suit based upon breach of contract. II. ELEMENTS OF LEGAL MALPRACTICE CLAIM. For example, a lawyer who receives from opposing counsel an offer of ... a breach of contract claim is six (6) years. Subparagraph (5) of Paragraph C ... Did the claimed breach of contract occur? 5. If so, was the breach material to the contract? 6. Does the breaching party have a legal defense to enforcement of ... - Where plaintiff, a non-profit New Mexico corporation filed a complaint against defendant ... the contract from which the breach of contract claim originated. As to a third condition, that the plaintiff's attorney turn over his file to defense counsel to seal, agreement to this condition depends upon two factors. As to a third condition, that the plaintiff's attorney turn over his file to defense counsel to seal, agreement to this condition depends upon two factors.

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New Mexico Sample Letter to Opposing Counsel in Breach of Contract Claim