When Opposing Counsel Won’t Respond: A Practical Email Guide for Lawyers

Unanswered emails from opposing counsel can stall negotiations, delay discovery, and frustrate clients. Yet your response must remain measured, ethical, and strategic. This guide explains how to communicate effectively by email when a lawyer on the other side is slow to respond or entirely silent, while protecting your client’s interests and building a clean record for the court.

Why Nonresponse Matters in Litigation and Negotiation

Silence from opposing counsel is more than an inconvenience. It can have real consequences for deadlines, court orders, and your client’s case strategy.

• Missed deadlines can trigger sanctions, adverse rulings, or waiver of arguments.
• Stalled negotiations may increase costs and reduce opportunities for early resolution.
• Client relations can suffer when your client perceives inaction or delay.
• Court expectations often include good-faith meet-and-confer efforts before certain motions are filed, particularly in discovery disputes.

Courts and bar associations emphasize civility, professionalism, and timely communication in lawyer-to-lawyer dealings, especially where delay may prejudice a party or burden the court’s docket.

Evaluate the Situation Before Escalating

Not every delayed reply is bad faith. Before assuming the worst, take a moment to assess what might be happening on the other side.

Common reasons for delayed responses

• Heavy trial or motion schedules.
• Vacations, medical leave, or parental leave not clearly communicated.
• Technical issues such as spam filters, misaddressed emails, or server outages.
• Time needed to consult with a client, carrier, or co-counsel.

While these explanations do not excuse persistent nonresponse, they can shape your tone and the pace at which you escalate.

Key questions to ask yourself

• Is there a court-ordered deadline or statutory deadline at issue?
• Have I confirmed correct contact information for opposing counsel?
• Have I already followed up in a clear and documented way?
• Could my last communication be read as unclear, overly aggressive, or ambiguous?

Honest answers to these questions will help you tailor the tone and urgency of your next email and decide when to use other tools such as phone calls or court intervention.

Core Principles for Emailing Opposing Counsel

Email to opposing counsel should satisfy three simultaneous goals: professionalism, clarity, and a record that you would be comfortable presenting to a judge.

Checklist before you hit “send”

• Would I be comfortable having this email quoted in open court?
• Does the email clearly state what I want and by when?
• Have I removed unnecessary adjectives, sarcasm, or hyperbole?
• Did I proofread for accuracy, tone, and correct recipients?

Drafting Effective Follow-Up Emails

Follow-up emails are your first and often best tool when facing silence from the other side. They should be firm but not hostile, and they must create a clear record of your efforts.

Elements of a strong follow-up email

• Targeted subject line. Indicate the case name and purpose (e.g., “Follow-Up on Discovery Responses in Smith v. Jones”). Adjusting subject lines to fit the specific purpose improves clarity and searchability.
• Concise recap. Remind counsel of prior communication: dates, prior agreements, and the issue in dispute.
• Clear request. State exactly what you need: a date, a document, a position, or a confirmation.
• Reasonable deadline. Provide a specific response date tied to upcoming deadlines where possible.
• Civil closing. Invite discussion or a phone call and thank them for their attention.

Many courts require a meaningful meet-and-confer before discovery motions. A well-written series of emails can demonstrate that you attempted to resolve the issue cooperatively before seeking judicial intervention.

Sample follow-up structure (conceptual)

• Opening line referencing the case and prior communication.
• Two or three sentences summarizing what you requested and when.
• One paragraph stating what you now need, by what date, and why.
• Polite invitation to call if they prefer to discuss by phone.

Keep the message brief enough that it is easy to read on a phone and difficult to ignore.

Documenting Your Communication Efforts

Accurate documentation protects you before courts, clients, and disciplinary authorities. If you ultimately seek court intervention, judges often look at the history of counsel’s communication, not just the last message sent.

Build a communication log

Create a centralized log for each matter recording:

• Date and time of each email, call, or letter.
• Method (email, phone, letter, portal).
• Short description (e.g., “Requested deposition dates” or “Follow-up on overdue discovery”).
• Outcome (no response, agreed to X, left voicemail, etc.).

This log can be maintained in your case management system, a shared spreadsheet, or a litigation database. It supports motions to compel and can be critical if there are later allegations of unresponsiveness or sanction requests.

Preserve copies of all emails

• Use organized folders or labels by case and issue (e.g., “Discovery / Meet-and-Confer”).
• Back up email records according to firm policy and legal retention requirements.
• Consider exporting key threads to your document management system for easy use as exhibits.

Consistent retention of email communications mirrors the long-standing practice of keeping copies of letters in the file and is widely recommended by bar associations.

Escalating Beyond Email: When and How

If multiple well-crafted follow-up emails receive no response, it may be time to change channels or escalate.

Step 1: Confirm receipt through the office

• Call the lawyer’s office and politely ask if your emails have been received.
• If appropriate, speak with a legal assistant or paralegal and request confirmation.
• Follow the call with a short email documenting the conversation.

Many bar organizations encourage lawyers to explain to clients and opposing counsel how their office manages communications and who can assist when the attorney is unavailable.

Step 2: Suggest a brief call or virtual meeting

• Propose specific times for a short meet-and-confer.
• Use calendar invitations to formalize the meeting time.
• Confirm in writing what was discussed and any agreements reached.

In some situations, replying with a meeting request is more efficient than chains of emails and is recommended as a best practice in professional communications.

Step 3: Court-focused escalation

If silence persists and a court deadline is threatened, consider:

• Notifying opposing counsel by email that, absent a response by a certain date, you will seek relief from the court.
• Filing a motion to compel, motion for extension of deadlines, or status report, depending on the rules of your jurisdiction.
• Attaching or summarizing your communication log and key emails to show good-faith efforts.

Different courts and rules treat sanctions and remedies for non-cooperation differently, but judges often expect counsel to attempt meaningful resolution before invoking judicial resources.

Ethical and Professional Responsibility Considerations

Emailing nonresponsive opposing counsel implicates several professional responsibility issues: duty of diligence, civility, and client communication. Many bar associations provide specific guidance on electronic communications and duties to clients.

Duty of diligence and communication

• Delays by other counsel do not relieve you of your own duty to act diligently to protect your client.
• Inform your client, as appropriate, about significant delays, upcoming deadlines, and any need to seek court intervention.
• Do not allow email silence to quietly run out deadlines or undermine case strategy; take documented steps to prevent prejudice.

Including your client on emails to opposing counsel

Copying clients on emails to opposing counsel raises risks, particularly the risk that clients will use “reply all” and inadvertently disclose confidential information or communicate directly with opposing counsel.

• Many ethics authorities warn against blind copying clients on emails to opposing counsel because of these risks.
• Safer practice is often to forward a copy of the email to the client separately, along with any necessary explanation.
• If you do include a client in a group email, ensure the client understands not to use “reply all” and has given informed consent regarding the risk of disclosure.

Technical Practices to Avoid Costly Email Mistakes

When you are frustrated by silence, it is easy to make a hasty mistake. A few simple technical safeguards can prevent significant problems.

Control when and how emails are sent

• Delay send rules: Configure your email client to delay outgoing messages by a few minutes, giving you time to retract or revise impulsive emails.
• Disable autocomplete for external contacts: Turning off or limiting autocomplete can reduce the risk of sending privileged information to the wrong recipient.
• Leave the “To” field blank until you have finalized and reviewed the email content, then carefully enter the address.

Addressing, copying, and record-keeping

• Proof all email addresses for accuracy, particularly when multiple lawyers or parties are involved.
• Copy appropriate team members (e.g., lead counsel, paralegal) consistently, as agreed within your firm and with co-counsel.
• Use clear, consistent subject lines so messages are easy to search and assemble as exhibits if needed.

Maintaining Professional Distance with Opposing Counsel

Even if you are personally friendly with opposing counsel, your emails should reflect a professional, arm’s-length relationship. Casual or joking emails can be misinterpreted by clients or judges and may be used to question your objectivity or diligence.

• Avoid slang, emojis, and highly informal language when communicating about case matters.
• Keep banter to channels that will not blur the record, and treat every email as potentially discoverable.
• Ensure that your tone preserves your client’s position even when you are trying to maintain cordial relations.

Professionalism does not mean being cold or hostile; it means being respectful, clear, and consistent regardless of how frustrated you feel about the lack of response.

Explaining the Situation to Your Client

Clients can become anxious or angry when they learn that the opposing lawyer is not answering your emails. How you explain the situation can affect their trust in you and their perception of the legal process.

• Describe the steps you have taken: follow-up emails, calls, and attempts to schedule a meeting.
• Explain any upcoming deadlines and what you can do if opposing counsel continues to ignore communications (e.g., motion to compel, seeking new deadlines).
• Share key emails with the client separately and in a secure way; avoid group emails that invite “reply all.”
• Reassure the client that you are monitoring the situation and acting promptly to protect their interests.

Transparent communication about these efforts can also protect you from later complaints that you failed to act when opposing counsel was unresponsive.

Frequently Asked Questions (FAQs)

Q: How many follow-up emails should I send before involving the court?

There is no universal rule, but in most civil matters it is prudent to send at least one or two clearly worded follow-ups, and usually to attempt a phone call or meet-and-confer, before seeking judicial intervention. Your jurisdiction’s rules and local practice, especially regarding discovery motions, should guide your approach.

Q: Can I copy my client on an email to opposing counsel to show I am following up?

Copying clients directly on emails to opposing counsel is risky because they may accidentally hit “reply all” and disclose confidential information. Numerous bar authorities recommend either avoiding blind copies or using them with great caution and informed consent. A safer practice is to forward the message to the client separately with your explanation.

Q: What if opposing counsel’s silence causes me to miss a deadline?

You remain responsible for protecting your client’s interests, regardless of the other side’s inaction. If a deadline is approaching and cooperation is lacking, consider filing a motion for extension, a motion to compel, or a status report explaining the nonresponse and your documented efforts to communicate.

Q: Is it unprofessional to mention possible court action in a follow-up email?

No, if done neutrally and without threats. It can be appropriate to state that, absent a response by a specific date, you may seek relief from the court to comply with deadlines or rules. The key is to describe this as a procedural necessity, not a personal threat or intimidation tactic.

Q: How formal should my emails be compared to letters?

Bar associations increasingly advise treating important emails much like letters: use a professional greeting, clear structure, and complete sentences. Emails are routinely filed as exhibits and can be reviewed by judges, clients, or disciplinary bodies, so they should match the level of professionalism you would display in a signed letter.

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Sneha TeteBeauty & Lifestyle Writer

 

Sneha is a relationships and lifestyle writer with a strong foundation in applied linguistics and certified training in relationship coaching. She brings over five years of writing experience to waytolegal,  crafting thoughtful, research-driven content that empowers readers to build healthier relationships, boost emotional well-being, and embrace holistic living.

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