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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.
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.
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name]. I have not yet received a response from you regarding [list the specific issue or question]. Please let me know your thoughts as soon as possible so that we can continue to move forward with the case. 14 Outlook Email Templates For Lawyers - Phillip Hughes philliphughes.co.uk ? tips-and-tricks ? email... philliphughes.co.uk ? tips-and-tricks ? email...
Try to Be Cooperative To that end, create an accommodating tone at the beginning of your dealings with the other attorney. If you set that tone, you may see a measure of reciprocal, even pleasant behavior. How to Deal with Difficult Opposing Counsel - American Bar Association americanbar.org ? publications ? pass_it_on americanbar.org ? publications ? pass_it_on
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.
A good faith attempt is more than arguing with opposing counsel. Instead, the law requires you to discuss the issues, compare views, exchange information (including statutes and case law supporting your position), and propose solutions to discovery fights without court interference. Meet and Confer: Good Faith Letter for Incomplete Discovery Corey Pollard Law ? meet-and-confer-good-faith-... Corey Pollard Law ? meet-and-confer-good-faith-...
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.
Remember, opposing counsel isn't the problem; it's the tactics they are employing that are problematic. Try to frame interactions without blame or judgment of the person, but highlight the actions instead. This will decrease the likelihood of enflaming them further, and will lead to more peaceful interactions. 8 Tips for Dealing with Difficult Opposing Counsel wbaillinois.org ? blog ? 8-tips-for-dealing-with-di... wbaillinois.org ? blog ? 8-tips-for-dealing-with-di...