Corresponding with Opposing Counsel
Objectives
- Write firm but courteous letters
- State your client's position
- Propose solutions
Explanation
Letters to opposing counsel should be firm, factual and courteous. Use 'our client' and 'your client'. State the facts, your client's position, the request and a deadline. Avoid emotional language and admissions. Phrases: 'Our client rejects…', 'We invite your client to…', 'We reserve all our client's rights.'
our client's position
The stance of the party you represent.
“Our client's position is clear.”
to reserve rights
To state that rights are not waived.
“We reserve all our client's rights.”
admission
A statement accepting a fact against one's interest.
“Avoid admissions in correspondence.”
to reject
To refuse to accept.
“Our client rejects the allegations.”
settlement proposal
An offer to resolve a dispute.
“Please find our settlement proposal below.”
Flashcards
Match terms and definitions
our client's position
to reserve rights
admission
to reject
settlement proposal
Complete the sentences
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