Council/ counsel A council is a meeting for discussion or advice, but to counsel is a verb meaning to give advice. They sound exactly the same, but the language council met and decided to counsel you on how to keep them straight.
You want to keep it short and sweet: show the judge(s) succinctly why the argument is wrong and then move on to something else. You don't want a long, detailed response to inadvertently add credibility to the dumb argument by suggesting that it's not actually that simple.
You have no legal obligation to speak to the opposing Attorney, but sometimes it can be helpful in reaching a settlement.
Counsel and council are pronounced the same, but they have different (though related) meanings. Counsel is a verb meaning “advise” and a noun meaning “advice” or “instruction.” It can also be used as a noun to refer to a lawyer. Council is a noun referring to an advisory or legislative body of people.
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.
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.
If the problem persists, take action before the situation gets worse. Do not pass the issue to someone else in your office. Instead, a frank exchange between you and the opposing counsel may be needed. Perhaps a colleague can serve as an intermediary to smooth the way to a better relationship.
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.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.