Washington Sample Letter Notifying Client of Opposing Attorney's Correspondence
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How to fill out Sample Letter Notifying Client Of Opposing Attorney's Correspondence?
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FAQ
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name].
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.
Try to Be Cooperative To that end, create an accommodating tone at the beginning of your dealings with the other attorney. If you set that tone, you may see a measure of reciprocal, even pleasant behavior.
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.
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.
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.
Local California bar associations are beginning to weigh in on the ethics of social networking - with respect to judges, jurors, and adverse parties. The San Diego County Bar Association has observed that friending a represented party violates California Rule of Professional Conduct 2-100.
