This form is a sample letter in Word format covering the subject matter of the title of the form.
Opposing Counsel And In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-0011LTR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Consider filing a motion: If opposing counsel's lack of cooperation persists, you might consider filing a motion to compel meet and confer or for sanctions. However, this should be a last resort and only after discussing the issue with the judge at the Case Management Conference.
If the problem persists, take action before the situation gets worse. Do not pass the issue to someone else in your office. Instead, a frank exchange between you and the opposing counsel may be needed. Perhaps a colleague can serve as an intermediary to smooth the way to a better relationship.
Contact the Local Bar Association: If your lawyer continues to be unresponsive, contact your local or state bar association. They can provide guidance and may have a grievance procedure for attorney misconduct. In some cases, they can also help in mediating the situation.
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.
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.
Send a final meet and confer letter. If you've requested dates multiple times (hopefully in writing) and still no response, unilaterally set a date. If opposing counsel then objects that he/she/the client is not available, tell them that's too bad and that they've been given multiple opportunities to set a date.
If your opposing lawyer is not responding, it can significantly impede legal proceedings and contacting the court or mediator overseeing your case becomes necessary. Draft a formal letter or motion detailing your efforts to engage with the opposing party and the resulting delays or impasses.
Typically, a former client seeking to disqualify a former attorney from representing an opposing party must identify specific, cogent information that the attorney possesses and show that the information is confidential and implicates the duty of loyalty.
