Sample Letter Notifying Client of Opposing Attorney's Correspondence
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FAQ
A lawyer is not prohibited from calling another party's attorney or another member of the party's attorney's firm as a witness, either in discovery or at trial, where such attorney may have unprivileged knowledge relevant to the case or unprivileged knowledge reasonably calculated to lead to the discovery of admissible
Prepare to write your letter. Before you begin writing, think about your audience, what you need to say, and what tone of voice you should use. Briefly explain the purpose of the letter. Make each point in a separate paragraph. Ask the recipient to do something.
But by default, communications to the other side are addressed to the designated attorney-in-charge/top-named lawyer, with cc's to everyone else. In a rare situation where you are sending a letter specifically to multiple attorneys as opposed to the other side as a whole, it's Dear Messrs. Smith and Jones, Dear Ms.
A letter to an attorney should be written in a formal letter format with the attorney's name, law firm and address at the top near the date, addressed using a salutation and signed off with a closing such as "Very Truly Yours" or "Sincerely."
Never Refer To Counsel In Argument Resist the impulse in Court to address opposing counsel directly always address through the Court. It will keep you more civil and calmer (and it's what the Court wants anyway).
Date; Address to whom the letter is sent to; The subject of the letter; Content or body of the letter. Briefly explaining why the lawyer is writing the letter and the general claim and damages. Signature.
Never Refer To Counsel In Argument Resist the impulse in Court to address opposing counsel directly always address through the Court. It will keep you more civil and calmer (and it's what the Court wants anyway).
Opposing counsel call each other 'friend' in increasingly popular SCOTUS lingo. The Supreme Court under the leadership of Chief Justice John G. Roberts Jr. is increasingly using the word friend to refer to opposing counsel in oral arguments, a term also picked up by the lawyers appearing before the court.
What Is a Representation Letter? What? The Letter of Representations is a letter written from the Association to its accountant representing that the financial statements for the time period covered by the engagement are the responsibility of "management".
