Opposing Counsel And In King
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FAQ
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.
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.
Contact the Local Bar Association: If your lawyer continues to be unresponsive, contact your local or state bar association. They can provide guidance and may have a grievance procedure for attorney misconduct. In some cases, they can also help in mediating the situation.
If your opposing lawyer is not responding, it can significantly impede legal proceedings and contacting the court or mediator overseeing your case becomes necessary. Draft a formal letter or motion detailing your efforts to engage with the opposing party and the resulting delays or impasses.
Consider filing a motion: If opposing counsel's lack of cooperation persists, you might consider filing a motion to compel meet and confer or for sanctions. However, this should be a last resort and only after discussing the issue with the judge at the Case Management Conference.
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.
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.
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.
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.
