Michigan 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].
Despite being a tad long-winded, the Ethics Committee's guidance is actually quite clear. If your opposing attorney is a close friend, disclose that to your client and obtain written consent to the representation. If opposing counsel is more of an acquaintance, just be sure to disclose as much to your client.
Ultimately, it isn't uncommon for attorneys in the community to have a friendly relationship. Don't be afraid if you even see the attorneys partake in some light banter back and forth.
For example, a party who is represented by counsel may not communicate directly to the Judge or opposing counsel. The party's attorney is responsible for communications with opposing counsel and the Judge, to avoid potential problems. Attorneys can also directly communicate with each other on behalf of their clients.
Objection - A protest by an attorney, challenging a statement or question made at trial. Common objections include an attorney ?leading the witness? or a witness making a statement that is hearsay. Once an objection is made, the judge must decide whether to allow the question or statement.
If a client retains an attorney, silence is golden when communicating with opposing counsel. Clients must respect that boundary and avoid speaking directly to opposing counsel about their case. Why? An Attorney Cannot Speak to the Talkative Opposing Client about their Case.
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.?)
It usually details the client being represented and their case to any other relevant attorneys or parties involved. Generally, it is used in various legal situations such as professional malpractice, car accidents, business lawsuits, family law issues like divorce or custody, and all types of personal injury cases.
