Typically, a former client seeking to disqualify a former attorney from representing an opposing party must identify specific, cogent information that the attorney possesses and show that the information is confidential and implicates the duty of loyalty.
Send a final meet and confer letter. If you've requested dates multiple times (hopefully in writing) and still no response, unilaterally set a date. If opposing counsel then objects that he/she/the client is not available, tell them that's too bad and that they've been given multiple opportunities to set a date.
One of the most common reasons a company hires outside counsel is for complex legal matters. In-house counsel typically have a broad range of legal expertise, but there are times when specialized knowledge and experience are required.
8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. Don't be Afraid to Ask Why. Separate the Person from the Problem. Focus on your Interests. Don't Fall for your Assumptions. Take a Calculated Approach. Control the Conversation by Reframing. Pick up the Phone.
5 Things to Know Before You Hire Outside Counsel What are their areas of expertise? Whom else do they represent? What is their experience before your assigned judge? In what jurisdictions do they have experience? What is their success rate?
Selection Protocol Consequently, the selection of outside counsel is a process that must include the superintendent. Not only are you selecting someone with a certain level of legal experience and acumen but also someone in whom you can have complete trust and confidence.
Gartner research shows that external spend comprises approximately 45% of overall spend for the median legal department, yet legal leaders often have trouble understanding where much of that spend originates.
Rule 56. A party may move for summary judgment, identifying each claim or defense - or the part of each claim or defense - on which summary judgment is sought.
Rule 56 – Summary judgment. (a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought.
Use Mr./Ms. last name for the initial email. When opposing counsel responds and signs off with a first name (e.g., "Nick"), use that going forward. ? To address a group of opposing counsel, go with "Counsel." If you find these tips helpful, please follow Nick Bullard and click the ? to get my next tip.