I am a practicing trial lawyer and I constantly see my opponents write letters to the judge assigned to the case raising issues. These letters are always copied to myself or other opposing counsel. Where is the line for ex parte contact?
Ex parte contact has been—from a pragmatic standpoint—diluted in recent years. Partly, it’s the fault of the judiciary in receiving and allowing letters that go to substantive issues as opposed to just administrative issues and scheduling and continuances.
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