Opposing Counsel Or Council In Middlesex
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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.
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.
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.
The New York State Commission on Judicial Conduct investigates complaints against judges of the NY State Unified Court System. Complaints should be in writing and signed. Complaints do not have to be sworn or notarized. Please do not submit original records.
If you wanted to have more time to review and reply to the other side's answering papers, you chose a court date that is further away. This is called a CPLR 2214(b) notice and it goes in the Notice of Motion and tells the other side when papers are due.
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.
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.
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned ...
