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If you wish to be taken seriously by the court, whether in oral or written argument, never malign or belittle your opponents or their position. Treat opposing counsel with respect, regardless of whether you feel they deserve it. This is a fundamental rule of courtroom etiquette and common decency.
Clients must respect that boundary and avoid speaking directly to opposing counsel about their case. Why? An Attorney Cannot Speak to the Talkative Opposing Client about their Case.
Unprofessional Behavior Failing to show up for meetings. Using foul or crass language. Making important decisions about your case without your input. Missing deadlines. Filing paperwork incorrectly. Failing to disclose conflicts of interest. Continuing to work on your case when there is a known conflict of interest.
Reiterate to opposing counsel that you understand they are not your attorney. Make it very clear that you know opposing counsel represents the opposing party and not you. Let them know you understand they cannot give you legal advice or help you with your side of the case.
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.