Communicating with Opposing Counsel

[mandelbrot007]

What is the name of your state (only U.S. law)?
CA

Opposing Counsel sent a copy of an order of a recent hearing in the mail. I appeared pro-per for this hearing and OC was asked to prepare the order after hearing. He wants me to review and sign it before submitting to Judge for the signature. I need to respond to this by 6/6 which is 15 days from the date of hearing as per the local court rules

Basically there is a difference in what the judge ordered and opposing counsel's order. He is cleverly adding several languages so that It benefits his client in the future litigation

I didn't check mail until two days prior. After reading the order I immediately emailed my attorney(I have one now) pointing out the differences.

My attorney is not available until 7th. His assistant at office said, if not today (Friday), she will try to get in touch on 5th ie Monday and follow up with him. I will also be following up with him

My question is, if attorney is not reachable on Monday can I go ahead and email opposing counsel and let him know that the order is being reviewed with the new attorney? I know I am not supposed to contact my ex's attorney when I have my own attorney on record, but this is very critical and I cannot allow the language added to her advantage

Thanks

 

[adjusterjack]

My question is, if attorney is not reachable on Monday can I go ahead and email opposing counsel and let him know that the order is being reviewed with the new attorney?

Yes. Do It. In this case it's better to ask for forgiveness rather than wait for permission.

Might be the only way to stop the order from going through. Or, might not.

Pay more attention to your mail from now on.

 

[mandelbrot007]

Is the following acceptable?

"Dear Mr <atty LN>

Please accept my apologies for this email. My attorney is not availble until <deadline + 1 date>. I am meeting with my attorney to review the order and he will getting in touch with you very shortly

Sincerely

"
The plan is to find out if atty is aware by calling his office. If he is still not reachable ask if his paralegal can make a contact.

If paralegal cannot do any thing without his instruction, then I will have to do it on my own. When I do that, is it a good idea to Cc my attorney?

 

[adjusterjack]

Your letter doesn't mean much. You haven't asked the attorney to do or not do.

You might include a request that he not submit the order to the court and to give you a few more days to review it.

Yes, cc your attorney.

And after you send the email, call the attorney and see if he agrees to the delay.