For each numbered paragraph in the complaint, type "Admitted" if you admit the allegation or "Denied" if you deny the allegation. If you don't have enough information to know whether the fact is true or false, respond with "Lack enough information to respond to Plaintiff's allegations."
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.
If you intend to oppose the ex parte application, file your opposition documents as soon as you can. You may bring your opposition to Court with you and file it before the ex parte hearing. Arrive 10 to 15 minutes earlier than your scheduled time. Check in at Window 1 in the filing room.
PLAINTIFF - The Plaintiff is the person initiating a claim in a civil case. DEFENDANT - The Defendant is the person being sued in a civil case, or the person who has been charged with a crime/driving offense in a criminal case.
San Diego County Superior Court Rule 2.1. 15 states, "A trial readiness conference generally will be scheduled for four weeks before the trial date." The trial readiness conference is an opportunity for the parties to attempt to resolve the case, or at least limit the issues for trial.
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.
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.
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.
Exaggeration or False Information: Avoid embellishing facts or providing false information. Misleading your lawyer can harm your case and damage the trust in your attorney-client relationship. Legal Opinions (Unless Qualified): Refrain from asserting legal opinions or conclusions if you are not legally trained.