In a nutshell, if opposing counsel isn't responding: Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse. Wait a reasonable amount of time. To be safe, get a court order authorizing direct contact.
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.
Opposing counsel means the outside trial counsel (including counsel of record) for the Party that will cross-examine the Witness. Sample 1. opposing counsel means counsel for the party that did not notice the remote deposition.
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.
Follow up. Following up with the an opposing lawyer who is not responding is essential to maintain momentum and clarify outstanding matters. Send courteous and concise follow-up emails or letters, reiterating the urgency of the issue and requesting a prompt response.
You have no legal obligation to speak to the opposing Attorney, but sometimes it can be helpful in reaching a settlement.
What does “opposing counsel” mean? “Opposing counsel” refers to the attorney or lawyer representing the opposing party in a lawsuit.
Use Mr./Ms. last name for the initial email. When opposing counsel responds and signs off with a first name (e.g., "Nick"), use that going forward. ? To address a group of opposing counsel, go with "Counsel." If you find these tips helpful, please follow Nick Bullard and click the ? to get my next tip.
What is a lawyer against you called? “Opposing counsel” or, for short, “OC.” Depending on the matter, it can also be “plaintiff's counsel,” “attorney for the plaintiff,” “defense counsel,” “attorney for the defendant,” “attorney for the petitioner,” “attorney for the respondent,” ad infinitum.