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.
The answer is yes. Rule 4.2 “does not prevent represented persons from communicating directly with one another with respect to the subject of the representation, nor does it prohibit a lawyer from advising a client concerning such a communication.” Cal.
Never CC Your Client This can disclose confidential information. The best course of action is to separately forward any appropriate emails to the opposing counsel you want to share with the client.
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.
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.
Paralegals handle a large range of work delegated to them by an attorney. One of the most important duties of a paralegal is communicating with opposing counsel. In any given case, there can be hundreds to tens of thousands of pages of documents to review and exchange with opposing counsel.
Such information between a lawyer of those directly involved is confidential. For example, an e-mail to a lawyer or lawyers is protected.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.
Ineffective assistance of counsel refers to a situation in which a criminal defendant's legal representation fails to meet the minimum standards of competence and diligence expected from attorneys.
Exaggeration or False Information: Avoid embellishing facts or providing false information. Misleading your lawyer can harm your case and damage the trust in your attorney-client relationship. Legal Opinions (Unless Qualified): Refrain from asserting legal opinions or conclusions if you are not legally trained.