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.
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.
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.
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.
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.
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 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.
Although motions to disqualify counsel can be filed for a variety of reasons, two of the most common reasons are: (1) when the attorney must testify as a fact witness at trial, and (2) when a conflict of interest exists between the attorney's current client and a former client of that attorney or the law firm where ...