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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116733
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What is it called when the Plaintiff's attorney tries to

Customer Question

What is it called when the Plaintiff's attorney tries to contact the Defendant's attorney to try and sway that attorney?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Generally, this is called negotiation or settlement. Generally, opposing counsel tries to work out the case with the defendant's attorney and of course is going to argue the case in the best light possible for his client and that is part of the negotiation. It is not unlawful for the plaintiff's attorney to contact the defense attorney and try to convince the attorney to come to some agreement.

Customer: replied 1 year ago.
No what I'm asking.If a Plaintiff's counsel tries to contact the defendant's counsel in an effort to sway that counsel. What is this called?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I am afraid that I do not know what you mean then by "sway defendant's counsel" as it is the plaintiff's counsel's job to try to sway defendant's counsel to settle or end the case. You need to give a better description than that as to what specifically he is trying to sway him to do.

Customer: replied 1 year ago.
The Plaintiff's counsel called defendant's counsel to try and convince her that her client's case has no merit. Plaintiff's counsel's entreaties were not welcomed and not agreed to by the defendant. There is a word describing this and I simply can't remember it.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

That is what normally happens in a case, There is no law saying that the defendant has to agree that the plaintiff's attorney contact their attorney. This is how cases are handled.

If the plaintiff's attorney was working together with the defendant's attorney to not properly represent the defendant, then it could be potentially called collusion, but in every case one party calls the other party's attorney to tell them their client has no case. That is part of the negotiation system.