In litigated divorces, attorneys untrained in collaborative law often «absorb» the emotional reactivity of their clients and direct
it at opposing counsel and your partner.
So if you spend your day being angry
at opposing counsel, your brain will leave those synapses intact so you can get better at being angry.
So when a WTF moment happens, don't throw the phone against the wall, scream
at opposing counsel, or kick your client out of your office.
Getting angry
at opposing counsel may make them back down — protecting you and you client.
But it never pays to jab
at opposing counsel.
During one portion of the presentation, while ironically stressing the importance of treating other counsel with respect, he related a story in which after receiving a settlement offer that he deemed disrespectful, he hurled profanities
at opposing counsel before telling the opposing attorney that he was «taking this case through trial» and that he would «[expletive] you and your client so hard in the [expletive] you'll have nightmares about the day you disrespected me with this [expletive].»
Maybe you can see a big payday if you pursue months of litigation, or found a reason to get back
at opposing counsel.
Not exact matches
For instance, we were once in a proceeding in which the judge made a ruling on evidence presented
at trial by
opposing counsel that was going to fundamentally change the outcome of the case.
So I look forward to reading this to
opposing counsel at the next deposition where I can tell them that I'm not afraid of appearing in court and I'm not intimidated into frivolous claims in search of shake - down money.
Assistant US Attorney Douglas Bloom, in an Oct. 20 letter to Karas, said the government
opposes Misir's request because it believes there's another lawyer
at Misir's firm who can take over as lead
counsel.
However, Diane Standaert, legislative
counsel at the Center for Responsible Lending,
opposes the legislation and said that it is a very bad idea.
At some point you realize it is better to just write «
Opposing counsel does not understand either the law or the facts,» and then just restate your original position.
Obviously,
opposing counsel wants to have your contact information
at their fingertips, and that includes your email and fax number along with your telephone number.
At the end of the day,
opposing counsel, not the
opposing party, had to provide a portion of a settlement.
Since we are generally corresponding only with a limited number of clients,
opposing counsel, and courts
at a time, there is typically a rather small number of addresses we are using again and again.
Be civil
at all times, nonetheless — with colleagues, clients, court staff,
opposing counsel and the judiciary.
It seems unlikely that a data breach
at your SaaS provider would mean your attorney - client communications must be revealed to
opposing counsel.
At a minimum, you should also follow your clients,
opposing counsel, other
counsel in your practice area, potential clients, and your favorite bloggers.
So, to keep my running list current, courts are not
at all interested in hearing your clever rhetoric; your emotional exaggerations of how good, bad or ugly the other side's case is; or your disrespectful or uncivil language directed toward the court,
opposing counsel, parties, witnesses or anyone else.
Sending e-mails to clients or
opposing counsel late
at night can create the expectation you will always respond
at night or on the weekends, which will simply invite more communication.
And
at the end of the day, you can safely enjoy a beer with
opposing counsel.
Your website is the first impression you make on nearly every potential client, networking contact,
opposing counsel, judge, and anyone else who looks for you online (which is, probably, 90 % of people who look for you
at all).
In my career, I've been saved both
at hearings by being able to produce emails that proved that
opposing counsel was distorting the substance of conversations and by in the office being able to remind colleagues of conversations and agreed upon divisions of labor.
Consequently, the court and
opposing counsel will only be misled if the litigant indicates that the document in question was prepared without legal assistance —
at least according to the ABA Model Rules.
In that regard,
at a minimum your firm should have an email address that
opposing counsel and potential clients can use to connect with you.
Taking pro bono matters means you will need to interact potentially with
opposing counsel, judges, court staff, other lawyers taking pro bono cases, volunteer lawyer program staff, other lawyers
at training CLEs, etc..
The first time I discussed the case with
opposing counsel, a partner from a big firm yelled
at me and told me something along the lines of «the federal court is going to hate this little case — and they don't even have jurisdiction anyway — we will just move to dismiss on those grounds.»
Like a well - trained judo master, you can make a big deal about these with
opposing counsel as a lure for their argument
at your Markman, while knowing that you'll be focusing on the terms that are your «must - wins,» as discussed above.
Others note that, just as the days of Democrats and Republicans fighting ferociously in the Capitol but retiring
at day's end to sit
at adjacent bar stools in the local watering hole has given way to members of both political parties barely being able to tolerate breathing the same air, the days of
opposing counsels according respect to each other and even socializing outside the courtroom is not as prevalent as in bygone eras, like five years ago.
Your first couple of court appearances didn't go as planned, but you blew away
opposing counsel during two hearings
at the end of last year.
So prevalent, that I can think of
at least one case where I never spoke with
opposing counsel.
«Now I know lawyers are trained to defend bad ideas (or
at least advocate for clients with bad ideas), but what really struck me when I read the essay is just how often I've seen this behavior in
opposing counsel, colleagues, and even myself.
At the deposition, Alvarez had the
opposing counsel question his girlfriend, and when
counsel reached the question series» arc, Alvarez took over, dropped to his knee and presented a ring.
I'm not saying
opposing counsel rolls out the red carpet, but they usually reach out when there's an issue, rather than file a motion
at 5:00 on a Friday, or send snarky e-mails or letters.
In the context of lawyering, perhaps you experience flow when you're thinking on your feet in the courtroom, cross-examining a witness or rebutting
opposing counsel's arguments, or when you're
at your desk writing a trial memo or appellate brief.
This means the objection should be directed
at the judge, and never
opposing counsel.
I too prefer text messages, or
at least e-mail to voice mail, but many of my
opposing counsel aren't yet that technologically advanced.
Counsel may try to undermine the
opposing expert by attacking their assumptions or the methodology they used to arrive
at a conclusion.
While working on these files, I conducted legal research, drafted pleadings and demand letters, negotiated with
opposing counsel, and represented clients
at tribunals.
A lawyer's «eruption of irritation»
at a letter from a paralegal working for
opposing counsel who cited case law... [more]
When I am
at the playground with my kids, I check my email in case I get something from
opposing counsel or the court.
The judge may do so sua sponte or
at the request of
opposing counsel.
On the day before the application,
at 9:52 a.m., an email was sent by Mr. Cosgriffe's office to
opposing counsel advising them that Mr. Cosgriffe had fallen ill and the need to adjourn the hearing.
At 12:20 p.m.
opposing counsel responded and indicated that they would be seeking certain terms as a condition of any adjournment.
At the same time, I do wonder whether a stand - offish manner to
opposing counsel hurts a lawyer's client in the long run by making a prosecutor less likely to cooperate or exercise discretion to drop a case or reduce charges.
[28]
At the risk of appearing to be overly semantic about this analysis, I take it that what
counsel want Dr. Malcolm to be able to do is to testify by way of opinion about whether or not there has been some form of harm or damage to the tissues of the brain of Ms. Meghji as
opposed to some form of harm or damage to the mind or emotions or personality of Ms. Meghji.
We try to encourage our clients to negotiate with the
opposing counsel up front, which is something you should always do in one of these cases, is work out with the
opposing counsel at the beginning how you're going to do things like productions and what format you're going to use and things like that.
Our national reputation for winning big cases
at trial forces prosecutors and other
opposing counsel to rethink the charges against you and reevaluate their chances of success
at trial which maximizes your chances of avoiding a criminal conviction and avoiding jail time.
TGF acts as Canadian
counsel for the UK Pension Claimants which was the lead respondent
opposing attempts by various US parties to appeal the Allocation Decision to the Court of Appeal, and had argued
at trial for a pro rata allocation of the Lockbox Funds.
At a minimum, investigating may help you avoid the ire of a client who discovers that
opposing counsel contributed to the judge's campaign, but you didn't know about it.