Opposing Counsel And In Hillsborough
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FAQ
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.
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.
Generally speaking, in the US, an opposing attorney does not owe you a duty that would give rise to a claim for legal malpractice. You might have some other claim against them, but not malpractice.
In California, a defendant must prove the following to establish that their attorney was ineffective: the lawyer's performance fell below an objective standard of reasonableness, and. the attorney's failure to act competently prejudiced the defendant.
Generally speaking, in the US, an opposing attorney does not owe you a duty that would give rise to a claim for legal malpractice. You might have some other claim against them, but not malpractice.
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.
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.
As set forth in the Restatement (Third) of the Law Governing Lawyers, §108(4), “A tribunal should not permit a lawyer to call opposing trial coun- selas a witness unless there is a compelling need for the lawyer's testimony.” (emphasis added) Many jurisdictions follow this gen- eral rule, e.g., Louisiana.
What is a lawyer against you called? “Opposing counsel” or, for short, “OC.” Depending on the matter, it can also be “plaintiff's counsel,” “attorney for the plaintiff,” “defense counsel,” “attorney for the defendant,” “attorney for the petitioner,” “attorney for the respondent,” ad infinitum.
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.
