A nice analysis, my friend, but to my reading of Brett's message it is little more than worksmithing.  Attorney's, as he is, are good at that.  Let me quote what one told me long ago.  "I am a lawyer, I know how to generate paper", meaning that they know how to add bulk (smoke) to documents without really saying anything. In other words, there could be no substance behind saying, "...we are in contact...". 

Saturday night I waved at an acquaintance on the other side of a restaurant.  He waved back.  We were in contact. 

I had a call from a political campaign and told them not to call again.  We were in contact.

In summary, be cautious of things written or said by lawyers.