How to write an unboring letter to opposing counsel

We used to write hundreds of boring (sounding) letters in a case.  Now we write hundreds of boring (sounding) emails and the occasional letter.

There is no court rule that says we need to be boring (sounding) when we communicate with opposing counsel.

The first draft of this sample letter was written by my highly competent paralegal John.  It simply said:  Enclosed for your consideration are sample jury verdicts for similar cases.

Here is the less boring and more fun version:

Dear R&M: 

Before our settlement discussions went kaput, you mentioned that a defense offer would likely be roughly in the $45,000 to 60,000 range.  My highly polite response was something along the lines of: balderdash.  However, to engage in further due diligence, we undertook a jury verdict/settlement search of cases where a young male died without dependents.  Here are the results.

AGE

19
19
21
21
22
23
23
29

VERDICT/SETTLEMENT

$350,000
$275,000
$383,278
$1,500,000
$500,168
$388,329
$494,549
$500,000

Once this case gets back on track and we eventually comply with the court’s order to mediate, you may want to keep these figures in mind - even though they remain on the low side.

Please consider this communication to be governed by ER 408.

Very truly yours,

Karen