how to deal with an agressive attorney

^{7 Tips on How to Deal With Aggressive Lawyer}

1. Stay focused and remain calm Many aggressive lawyers use forceful tactics to get their opposing counsel frustrated, agitated or distracted so that their opponent fail to provide the required ...
2. Do not use aggressive tactics You cannot deal with aggressive lawyer by being aggressive. ...
3. You should avoid turning every dispute into a battle In civil cases every lawyer must do what it takes to prove the innocence of his client and meat case ...
4. Educate your client Some clients’ prefer there lawyers to use the aggressive tactics and therefore they may encourage you to use this strategy. ...
You should involve the court and the disciplinary committee There comes a time when you need to involve the judge to address such aggressive tactics used by aggressive lawyers. ...
Know the rule and procedure of your judge In addition to state laws and rules, judges and courts have their own procedures and rules that govern their proceedings and ...
Know your case

How do you handle difficult opposing lawyers?

A difficult opposing counsel should be handled like a festering boil near your eyelids, lest they harm you and your case. Save yourself from stress and despair in your legal practice by learning how to deal and relate with difficult lawyers.

What is the most stressful part of being a lawyer?

According to some lawyers, dealing with a difficult opposing counsel is one of the most stressful aspects of their jobs. Since some opposing lawyers have formed the habit of aggression, it makes no sense trying to talk them out of it.

How do you stay ahead of the opposing counsel in court?

Know the Facts of your Case. Having the facts of your case on your fingertips will enable you to stay ahead of the opposing counsel. One tactic employed by difficult opposing lawyers is to distract you in every way possible.

Why is it so difficult to communicate with my attorney?

Sometimes that difficult attorney is more difficult with keyboard courage and the angry voice you use when you read their e-mails. Perhaps word choice or shortness in response to you is increasing your conflict.

How do you deal with a nasty lawyer?

Here are eight approaches to better handle the difficult lawyer.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.

Do opposing lawyers talk to each other?

Ultimately, it isn't uncommon for attorneys in the community to have a friendly relationship. Don't be afraid if you even see the attorneys partake in some light banter back and forth.

What do you do when opposing counsel won't respond?

In a nutshell, if opposing counsel isn't responding:Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse.Wait a reasonable amount of time.To be safe, get a court order authorizing direct contact.More items...•

How do you stay calm in a deposition?

Staying Calm, Collected, and on CourseTell the Truth – It helps to think of a deposition as nothing more than a discussion. ... Think First, Speak Second – Always consider the question and think over your answer before you speak. ... Keep It Short and Sweet – Your answers should be short, sweet, and to the point.

Do lawyers try to scare you?

If an attorney is attempting to scare you into hiring them to handle your case, they are probably exhibiting bullying behavior that can have very negative consequences later on in your case.

How often should I hear from my attorney?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

What is reasonable response time for a lawyer?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

Is it normal not to hear from your attorney?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.

How do you address an opposing counsel?

Never Refer To Counsel In Argument Resist the impulse in Court to address opposing counsel directly – always address through the Court. It will keep you more civil and calmer (and it's what the Court wants anyway).

What do you say and not say in a deposition?

Here are a few things to pay attention to while you are giving your deposition.Never Guess to Answer a Question. ... Avoid Any Absolute Statements. ... Do Not Use Profanity. ... Do Not Provide Additional Information. ... Avoid Making Light of the Situation. ... Never Paraphrase a Conversation. ... Do Not Argue or Act Aggressively.More items...•

Should I be nervous during a deposition?

Tip #2: Stay calm. The defense attorney is going to try to catch you off guard, make you seem nervous, and generally try to get you to ruin your case. Their job is to make your case go away so their clients don't have to compensate you for your losses. Stay calm during your deposition.

Should I be scared of a deposition?

The truth of the matter is that depositions are not nearly as scary as you might think. While depositions can be awkward and there might be some difficult questions for you to answer, if you have a good lawyer preparing you for the deposition, you will be fine.

What is aggressive behavior?

Aggressive behaviors run up legal fees, destroy any real chance of cooperation between parents, and leave children as the victims of litigation. The same is true for civil litigation. Sparing with opposing counsel or writing threatening 'paper tiger' letters or emails is, in a word, useless.

What would happen if clients stopped requesting and seeking out destructive lawyers?

If clients stopped requesting and otherwise seeking out destructive lawyers who are making a tremendous amount of money doing nothing but wreaking havoc and destroying families among other things, the supply of such lawyers would decrease.

What is the intent of assertive?

Its intent is solely bellicose and intended to dominate for the sole sake of winning. It is done solely to impress the client. Animals are aggressive particularly when they are hungry and seek prey for their appetite. Assertive is boldness based on confidence. You wouldn't call an animal assertive.

Can a lawyer be assertive?

A lawyer can be assertive without being aggressive and obtain superior results for their clients regardless of the process involved. Contrary to popular belief, aggressive lawyering has consistently been found to be counter-productive. As an undergraduate student majoring in Economics/Business at UCLA, I learned about a concept known as supply ...

Is aggressive the same as zealous?

If you look up the word 'aggressive,' you will find definitions that include 'ready or likely to attack or confront,' 'pursuing one's aims and interests forcefully, sometimes unduly so,' or 'characterized by or tending toward unprovoked offensives or attacks.' Being 'aggressive' is not the same thing as being 'zealous.' 'Zeal' is defined as 'great energy or enthusiasm in the pursuit of a cause or an objective.' Zealousness is an admirable attribute; aggressiveness is not. Here is why:

Can aggressive lawyers be effective?

Of course being aggressive can make one an effective lawyer. We've all witnessed it. If it weren't the case, lawyers who were otherwise not aggressive would not adopt aggressive behaviors. Aggressive lawyers do not always succeed due to aggressiveness, but that can be said of any lawyer behavior.

Is aggressiveness a weakness?

As with any strength (and let's not fool ourselves, aggressiveness is and requires strength of a certain kind), aggressiveness brings with it certain weakness. Too much aggression and you're an ***hole. Too little aggression and you're a waste of your client's money and trust. It's that simple.".

What does aggressive mean in law?

Being aggressive means to thoroughly examine the client’s case and seek the best outcome in the most affordable way.

What does it mean to be aggressive?

Being aggressive means to properly prepare for court appearance and make your best arguments at hearing or trial. Being aggressive means advising the client to accept a settlement offer when you believe that it could probably be the best outcome in the client’s case.

Why are lawyers so aggressive?

The reason many lawyers are uncivil and aggressive comes from the desire to please their clients. There is certainly a popular misconception by the public that lawyers who are difficult and aggressive are the ones who can bring in results.

How do opposing lawyers distract their opponents?

One way opposing lawyers distract their opponents by filing incessant motions to frustrate a matter. Some lawyers are easily distracted by allowing every issue raised by an opposing lawyer to become a dispute. While it is essential to react to some motions, learn to ignore harmless ones.

Why are lawyers so calm?

Calm lawyers are usually the most efficient because they do not allow their emotions to becloud their sense of reasoning. Nothing upsets an opposing counsel more than a calm and collected lawyer.

What is a difficult opposing counsel?

A difficult opposing counsel is every legal practitioner’s nightmare. Even judges dread the thought of presiding over matters involving a difficult lawyer. Their fears are understandable. Difficult lawyers seem to have a penchant for employing unethical tactics to win a case. According to some lawyers, dealing with a difficult opposing counsel is ...

What upsets opposing counsel more than a calm and collected lawyer?

Nothing upsets an opposing counsel more than a calm and collected lawyer. A relaxed lawyer who is not overwhelmed with emotion is less likely to make mistakes in his case.

How to be proactive in a court case?

To be proactive, lawyers must have a plan of action and anticipate the next move of the opposing counsel, just like in a chess game. By preempting the moves of the lawyer on the other side, you will avoid delays caused by your opponent’s delayed actions.

How does being assertive help you?

Some research and studies have shown that being assertive reduces your stress and helps you deal with difficult situations. Assertive lawyers are rarely intimidated and can succinctly make their points without insulting the other side.

How to deal with a difficult attorney?

The difficult attorney likes to make demands and inflammatory statements. He likes to be in control of the conversation. You can flip the script by using a reframe. Change complaints to requests. Instead of focusing on what they are dissatisfied with, focus the conversation on what it is they would like to have happen. Restate positions as interests. They may be demanding one thing, but what are they really looking for? Have a conversation about how to satisfy both sides’ interests. Define individual goals as joint ones. You will automatically change a competitive situation into a collaborative one. Change the focus from the past to the future. Next time opposing counsel says, “I’ll expect an answer by the end of the day of the day.” You can say, “I am glad that we both want to have this matter settled quickly.” Then negotiate a timeline that works for both of you.

How to disarm an opponent?

Of course, this isn’t to say you should just give in, but emphasizing points of agreement that exist is a great way to disarm an opponent. Pointing out common ground in front of a judge will make you look more reasonable than the attorney that is trying to “win” every point. By taking areas of common ground off the battlefield, you will also be able to increase efficiency in litigation, which makes clients happy.