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.
If you find yourself in a situation where you believe the opposing counsel is not being truthful, the key is to rely on evidence and legal procedures to address the issue. You can also consult with a local lawyer in the area of law your case involves to get additional advice on your specific case and this magistrate.
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.
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.
In order to respond to a motion or an order to show cause, you must prepare answering papers. If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A).
If you find yourself in a situation where you believe the opposing counsel is not being truthful, the key is to rely on evidence and legal procedures to address the issue. You can also consult with a local lawyer in the area of law your case involves to get additional advice on your specific case and this magistrate.
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.
The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.
The monetary threshold for cases in Kings County Commercial Division has been raised from $50,000.00 to $75,000.00. Any party requesting a preliminary conference must annex a copy of the pleadings to the RJI when the request is filed with the Court.
The Brooklyn Supreme Courthouse is located on Adams Street between Joralemon and Johnson Streets. It also houses the Registrar's Office, County Clerk, and Surrogate's Court. Construction on the Supreme Courthouse began in 1955.