What is an ethical way to reach out to an opposing party that has not responded to a demand letter when you are unsure of whether they have obtained counsel?
Answered on: 6/05/12, 10:16 am by Melissa Brumback
If you are not a lawyer yourself, then you don't actually have to worry about it. There is nothing to prohibit two parties from talking about their case and trying to settle things themselves, even if they both have lawyers. However, a lawyer will usually advise his/her client not to engage in such conversations but to refer the other side to the lawyer.
You can freely reach out to the other side, and tell them that if they have retained counsel you'd be happy to speak to counsel instead.
Hope that helps!
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