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If you already represent the client or clients, you should promptly inform them in writing that a potential conflict exists. In order for your client to waive a conflict, consent must be informed. Ensure that any consents you receive are in writing and keep them on file.
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name].
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.?)
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.
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.
I simply tell them I am not an attorney licensed to practice law and cannot give legal advice to anyone.
Reiterate to opposing counsel that you understand they are not your attorney. Make it very clear that you know opposing counsel represents the opposing party and not you. Let them know you understand they cannot give you legal advice or help you with your side of the case.
The conventions for addressing opposing counsel may vary by jurisdiction and court rules, but here are some common practices and guidelines: Use of Titles and Last Names: Lawyers often address each other by their last names and may include a professional title, such as "Mr. Smith" or "Ms.