What Should I Do if The Other Side Contacts Me? Your best course of action will depend on: · who contacts you · why the other side contacts you, and · what the other side asks you to do. If the other side contacts you to suggest talking …Since it takes your time and money to go to court, it makes sense to talk with the other side first. In fact, most judges will ask if you have contacted the other side and asked for compensation and/or tried to come to an agreement. Read more about tips on talking to the other side. You do not have to talk to the other side if the conversation turns into a shouting match. Be polite and just move ahead with your court case. If the attorney for the other side contacts you…The attorney has the power to negotiate on behalf of the other side. You will be able to reach an agreement with the attorney just as if the attorney was the other person or business. In fact, it may be easier since the relationship between you and the attorney is likely to be less emotional. Remember, however, that the other side’s attorney is not a neutral person in the case. S/he represents the other side. The other side’s attorney cannot represent you, give you advice, help you define the legal terms or prepare any of the necessary documents. In fact, the Maryland Rules of Professional Conduct for Attorneys note: “In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands that lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding.” Maryland Rules of Professional Conduct, Rule 4.3 “Dealing with Unrepresented Persons.” As one court noted, “Almost invariably, as this case demonstrates, it is unwise for an attorney, even in the best faith, as was the case here, to undertake to represent both a husband and wife or both parties in any other case.” Faller v. Faller, 247 Md. 631, 634 n. 1, 233 A. 2d 807 (1967). If the other side asks you to sign a release…Sometimes, you and the other side will reach an agreement before the trial in front of the judge. If you reach an agreement, the other side may ask you to sign a ”release”. The person (or business) who has been sued (or might be sued) is called the “defendant”. It is the defendant who will pay the settlement. And it is the defendant who usually will ask the other side for the release. A “release” is simply a written statement in which you agree that you will not sue the other side. Usually the release includes a statement that you agree to accept a certain amount of money (or other compensation) in exchange for:
Sometimes the release will include both statements. Basically the other side wants to protect themselves. If you agree to the terms of the release, wait until you receive the check before you sign the release. In some cases, you may wish to wait until the check has cleared before you sign the release. If you fear that your bank may not honor the check, you may wish to request a certified check or money order. |
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