Talking to the Other Side's Lawyer When You're Self-Represented

“Opposing counsel” refers to the attorney or lawyer representing the opposing party in a lawsuit.

It’s common for people who represent themselves to have trouble getting a response from the other lawyer. There can be many reasons for this.

Here are some things you can try:

• Remind them you have no lawyer. Make it clear that you are representing yourself (called a pro se litigant). If the lawyer thinks you have an attorney, they usually can’t talk to you directly.
• Make your role clear. Tell the lawyer you know they do not represent you and cannot give you legal advice. Let them know you understand they only represent their own client.

Yes. And TexasLawHelp.org offers this form Letter to Opposing Counsel Confirming Pro Se Status . You can use it to explain that you are representing yourself—and that you understand that they do not represent you.

Yes. There can be different reasons. For example, the other party might not be paying their lawyer, so the lawyer may stop working on the case. Talking with you also costs the lawyer’s client money, which might be another reason they aren’t responding.

Yes. The Texas Lawyer’s Creed sets standards for how lawyers should act with judges, other lawyers, and clients. It reminds lawyers to stay professional and respectful both in and out of the courtroom. The Creed is not a law, but lawyers are expected to follow it.

The “Lawyer to Lawyer” section explains the duties lawyers owe each other when working on a case. Even though you are not a lawyer, you are still owed these same professional courtesies.

Also, Texas Rule of Civil Procedure 7 says:

“Any party to a suit may appear and prosecute or defend his rights therein, either in person or by an attorney of the court.”

This means you have the right to handle your own case without a lawyer. You can also mention Rule 7 when speaking with the other lawyer to explain that you are representing yourself.

Yes. Everyone must follow the same court rules, even if you are not a licensed attorney. This means you can handle your own case, but you must follow the same laws and court procedures as a lawyer would. The goal is fairness—rules apply equally to all parties, including people representing themselves.

If you do not follow the rules, you could face penalties like fines, other punishments, or even have your case thrown out by the judge. The Texas Disciplinary Rules of Professional Conduct set the basic standards for how lawyers and people representing themselves must behave in a case. Everyone has to meet these standards to avoid punishment. These rules help keep the process fair and consistent for everyone involved.

No. Under Texas ethics rules (Rules Rules 4.02 and 4.03), a lawyer is not allowed to give legal advice to someone who is representing themselves. This doesn’t mean the lawyer doesn’t care about the case—it’s simply a rule that protects their client and prevents conflicts of interest.