When opposing counsel is angry, and not responding to attempts at reasonable conversation, I attempt to politely disengage.
When opposing counsel fails to treat you with the same professional courtesy, don't let them shake you off your game.
But he remained cool and collected
when opposing counsel fired sarcastic questions about the soured deal, perhaps on the advice of his Chicago injury lawyer.
The first day in court —
when opposing counsel sends a second - year associate to ask a six - month discovery continuance — we have the instant credibility of walking in ready for trial.
Especially for litigators working on the defense side, the traditional approach has been one of wait and see, delay, and only take action
when opposing counsel pushes hard.
When opposing counsel files an amended pleading, this is incredibly useful.
For the most part, I kill»em with kindness, so
when opposing counsel asks me to not schedule event X during a certain week, I avoid that week.
One example of civility in action that comes to mind arose
when opposing counsel and I walked out of the courthouse together following an appellate argument in Springfield.
When the opposing counsel is being an ass, you can't control him or change his ways.
Be careful with communications
when opposing counsel is acting on an unbundled basis: The commentary under 3.2 - 1A.1 provides that: «a lawyer who is providing legal services under a limited scope retainer should consider how communications from opposing counsel in a matter should be managed.»
I can think of a number of instances
when opposing counsel I've worked against would have been smart to do the same.
He was arguing motions in limine
when opposing counsel cited a new case.
This is
when opposing counsel calls you up for ten minutes of verbal scathing on why your case is terrible, and then in the last thirty seconds makes a settlement offer and then asks for a response.
Under the Ontario Rules of Civil Procedure, you have to bring a motion where opposing counsel practices — How would this be dealt with
when opposing counsel has only a virtual presence?
PETA Argues SeaWorld Whales Are Slaves in Violation of 13th Amendment Main
When Opposing Counsel Uses Your Facebook Friendship Against You»
Not exact matches
Long served as
counsel to the Judicial Crisis Network (back
when it was the Judicial Confirmation Network) and worked closely with a number of conservative ideological groups to support George W. Bush's court nominees, and later, to
oppose, President Obama's picks.
When he makes a mistake cutting a deal with
opposing counsel, a client is murdered in prison and Roman takes the blame.
A lack of settlement authority can also be useful
when dealing with
opposing counsel.
When dealing with
opposing counsel, this prevents the unscrupulous in our profession from distorting important conversations.
(Until the second edition of 72.34 replaces the first, ask
opposing counsel and witnesses, «has your electronic records management system been certified as being in compliance with the National Standards of Canada, and if so
when?)
From a criminal perspective, we continue to require accused persons to appear before the court for administrative remands
when the system, particularly for those with representation, could easily be moved to an electronic format (I addressed this specifically in my blog.There is still a requirement to file paper - heavy applications, along with casebooks,
when it would be very easy to provide the judiciary and
opposing counsel with electronic copies that could be used inside courtrooms.
Thus, this Committee concludes that
when a lawyer sends
opposing counsel correspondence or other material with metadata, the receiving attorney may not ethically search the metadata in those electronic documents with the intent to find privileged material or if finding privileged material is likely to occur from the search.
When you go solo, you are responsible for everything from client intake to marketing to dealing with
opposing counsel.
When a corporation and its
counsel refuse to produce directly relevant information an
opposing party is entitled to receive, they have abandoned these basic principles in favor of their own interests.
Perhaps nothing drove him crazier than
when I would directly address
opposing counsel in responding to
counsel's arguments.
Counsel still have a duty (perhaps even a heightened duty) to cooperate in the discovery process; to be transparent about what information exists, how it is maintained, and whether and how it can be retrieved; and, above all, to exercise sufficient diligence (even
when venturing into unfamiliar territory like ESI) to ensure that all representations made to
opposing parties and to the Court are truthful and are based upon a reasonable investigation of the facts.»
According to Corporate
Counsel magazine: «In November 2016, the Washington, D.C., bar published Ethics Opinion 370, warning social media - active lawyers to take caution
when posting opinions
opposing those of a client.
I've represented clients
when Chris was the
opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
Counsel still have a duty (perhaps even a heightened duty) to cooperate in the discovery process; to be transparent about what information exists, how it is maintained, and whether and how it can be retrieved; and, above all, to exercise sufficient diligence (even
when venturing into unfamiliar territory like cloud based ESI) to ensure that all representations made to
opposing parties and to the Court are truthful and are based upon a reasonable investigation of the facts.»
When an attorney is suspended, he has ten days to notify all clients, co-
counsel, and
opposing counsel (or parties if the parties are unrepresented) in pending matters of the order of suspension.
It is easy to be nasty to
opposing counsel when you figure that the chances of seeing her on another case are slim.
When I had a practice, I use that more but I generate so little paper and once I converted all of my bills and statements and things to paperless and once I started communicating primarily via email attachments and things like that with
opposing counsel, the amount of paper that actually came in my door really dropped.
Clients get nervous about
when things will happen (how long will it be before we get a response from
opposing counsel?)
There was no good reason — and nothing to be gained — by
opposing counsel's refusal to point out my errors
when I asked.
But
when a lawyer starts dabbling in unethical behavior, first their coworkers, then
opposing counsel, then judges, and then the disciplinary board begin to take notice.
«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.
[5]
When dealing with a fellow lawyer, respect for
opposing counsel may not be a big concern.
When I called
opposing counsel about it, he said they always used whereas in stipulations and his managing partner had insisted on using them in this case.
Next, don't hesitate to let your clients,
opposing counsel, and judges / mediators / arbitrators / etc know approximately
when you're expecting your new baby.
The flip side of this is that you should also rely on email
when contacting colleagues, witnesses or
opposing counsel (unless you need an immediate response) because it is more considerate, less intrusive, and requires less time and effort on your part.
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.
Or
when you have to get
opposing counsel on the phone and let them have it.
Carrying Innocent Party coverage
when you are a sole practitioner can provide comfort to
opposing counsel and their clients in circumstances in which it is expedient that you handle
opposing clients» funds (for example,
when funds are entrusted to you in escrow).
I even try to give
opposing counsel positive feedback
when possible.
When I work on briefs, I write in one window and use the window next door for
opposing counsel's brief, caselaw research, or attachments.
And they include useful stamps like flags for marking important lines in your document, and emoticons for
when you need a frowny face to accurately convey your annoyance with
opposing counsel's legal argument.
When your partner is making your research memo bleed red ink or
opposing counsel is threatening you with sanctions, your feelings are irrelevant.
When making initial disclosures in federal court (or state court, if your jurisdiction requires them), it's sometimes easiest to just tell
opposing counsel all the files you have without sending over a mountain of paper.
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.