how to stop opposing attorney

Here are some tips on how to deal with a difficult attorney representing the opposing party:

Full Answer

How do opposing lawyers try to distract you in court?

In most cases, all the difficult opposing counsel wants to achieve is to distract you and the court. 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.

How to deal with an opposing counsel in court?

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. Don’t be distracted. In most cases, all the difficult opposing counsel wants to achieve is to distract you and the court.

Is your opposing lawyer making your job difficult?

Every lawyer who has practiced long enough, especially in litigation, must have met an opposing counsel who made his or her job difficult. A difficult opposing counsel is every legal practitioner’s nightmare.

Should a lawyer avoid criticizing other lawyers?

Of particular relevance is the commentary under that rule which provides that “a lawyer should avoid ill-considered or uninformed criticism of the … conduct of other lawyers.”

How do you annoy opposing counsel?

Five More Ways to Irritate Opposing CounselBeing a Technophobe. Yeah, old-timer. ... Not Returning Calls. This goes without saying: pick up the dang phone and return a call. ... Abusive Discovery Dump. We asked for credit card statements. ... Inflexibility. ... General Hard*** (Catch-All)

How do you deal with a difficult opposing counsel?

8 Tips for Dealing with Difficult Opposing CounselPoint 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 attorneys 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 is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•

Why do lawyers drag out cases?

Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.

What is the no contact rule in law?

Wolfram's “Modern Legal Ethics,” the no contact rule, as a general proposition, prohibits a lawyer who is representing a client from contacting a party known to be represented by another party. The no contact rule first found its way into the American Bar Association's canons of ethics in 1908.

Can opposing counsel contact me directly?

No California legal ethics rule expressly prohibits a non-lawyer client from contacting another party directly, although clients cannot be used as conduits for indirect prohibited contact from lawyers.

What happens when a lawyer doesn't respond to another lawyer?

If your lawyer still does not respond, you can send him or her a letter explaining the communication problems. If at this point you do not hear anything from your lawyer, you should consult with a legal malpractice attorney.

How do lawyers get disciplined?

[1] Lawyers are subject to discipline when they violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so or do so through the acts of another, as when they request or instruct an agent to do so on the lawyer's behalf.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Can you sue your lawyer?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

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.

What is it called when a lawyer doesn't do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

Can represented parties talk to each other?

(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

How do you argue with a lawyer?

Laws Of Conversation: How To Argue Like A LawyerIdentify The Issue And Don't Deviate From It. Recognise the main point of discussion and stick with it. ... Leave Emotion At The Door! Emotion will never win an argument. ... Be Wary Of Shifting Dialogues.

How to deal with a difficult lawyer?

Here are some practical tips for dealing with a difficult lawyer: 1) Be Prepared – As the boy scouts say, “Always be prepared.”. More often than not, the difficult lawyer is trying to distract you from effectively representing your client. No matter what that lawyer does, focus on your client, the facts, and the law.

What is an obstructionist lawyer?

2) The Obstructionist – This lawyer is negative and uncooperative about everything. No matter what you suggest to resolve the case or to even make the trial of the case easier for everyone, this lawyer will disagree. As much as this lawyer disagrees, he or she has no alternate solutions of their own. Phone calls and correspondence to this lawyer go unanswered. Also, even the most mundane of tasks, such as scheduling depositions, turns into a complete nightmare. Overall, this lawyer will do everything they can (mostly by doing nothing) to make sure the case drags on indefinitely and expensively.

What is a courthouse bully?

1) The Courthouse Bully – This type of lawyer is rude to you and your client, they make threats, and they attempt to control all aspects of the case. This lawyer will shout at you and your staff over the phone if they don’t get what they want when they want it. He or she will threaten you and your client with sanctions for your “frivolous” claims. No matter how awful their client may be, they remind you that their client is a saint who is being wrongfully persecuted by you and your client. Also, in court, this lawyer will divert the court’s attention from the case itself by accusing you and your client of every misdeed imaginable. This lawyer will do whatever it takes to muddy the judicial waters and the expense of everyone, including themselves and their own reputation.

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.

How to control an errant lawyer?

Follow the Laws, Rules, and Procedure. By following the law and sticking to the rules of procedure, you will be able to control errant opposing lawyers. Knowing the law, rules, and procedure is a good technique in checkmating some of the antics of difficult lawyers. Make use of the laws and rules of procedure to stay ahead ...

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 write a letter to opposing counsel?

The best practice is to write a letter memorializing the telephone call as soon as it is done , and send it to opposing counsel. Objectively summarize what was said, making sure to include the uncivil behavior. Your tone should be measured and reasonable, but your letter should accurately reflect the events of the phone call. This creates a record that you can later use as a submission to the court, if necessary. The letter, though, is usually enough to curb such behavior because it shows opposing counsel you are serious. Most will not want the record reflecting that they have been acting inappropriately.

What does opposing counsel do during a deposition?

During a Deposition. Opposing counsel may try to intimidate you during a deposition, hoping to fluster you if you are inexperienced. This can take many forms, but typically opposing counsel will make many speaking objections, instruct the witness how to answer, or sometimes tell you how to run the deposition.

How to defend against a deposition?

The first line of defense is to merely ignore the speaking objections and other chatter. Oftentimes opposing counsel is just trying to annoy you, and if you don’t take the bait, they will tire and stop the inappropriate behavior. If they persist, however, make a statement on the record. Say that the attorney’s actions are inappropriate and if they persist you will seek intervention from the court with all available remedies after the deposition, including re-deposing the witness. Threatening to call the judge or head over to the courthouse is often enough to put an end to it.

What to do after a deposition?

Say that the attorney’s actions are inappropriate and if they persist you will seek intervention from the court with all available remedies after the deposition, including re-deposing the witness. Threatening to call the judge or head over to the courthouse is often enough to put an end to it.

Is a lawyer genteel?

It’s been said (often) that lawyers were genteel, professional, and respectful of their colleagues and opposing counsel in the past. But the last few decades haven’t been good ones for the profession on that front. Intimidation, shabby lawyering, “over-papering” and arrogance seem to run rampant. In some cases, judges have even ordered civility training for lawyers. (And there were some big repercussions.)

Can opposing counsel call you?

They may call you or your client names , or make implied or overt threats (such as going to the court, or serving discovery requests that will make your life unbearable). In these situations, it is important that you stay calm and civil—and most importantly, do not respond in kind.

How to prevent frivolous objections to discovery?

To prevent frivolous objections to discovery, the information sought through interrogatories, or request for production, or other discovery methods must be relevant. The party requesting the discovery must “bear the burden of establishing relevance.” The fact that the information sought is not admissible at trial is not grounds for an objection so long as the information sought “appears reasonably calculated to lead to the discovery of admissible evidence.”

How does being discourteous affect the legal profession?

The attorney using such tactics can damage his or her “own personal enrichment and professional standing.” Being discourteous to other members of the legal profession makes the job all the more difficult and “takes the fun from the practice of law.” Furthermore, “word gets around” and those “with a sterling reputation [] for civility stand a better chance of receiving civility in return.” In addition, when a lawyer’s writing is laden with overly-aggressive statements it could potentially cause irreparable damage to a client’s case. A judge may see the attacks on opposing counsel and “‘discount merits of the argument.'” As judges “determine the parties’ rights and obligations by applying fact to law,” they may discount the merits of an argument because “incivility projects weakness” whereas “civility projects strength.” Justice Ruth Bader Ginsburg stated nasty comments about the opposing side or ridiculing comments “are just distractions. You should aim to persuade the judge by the power of your reasoning and not by denigrating the opposing side. …If the other side is truly bad, the judges are smart enough to understand that; they don’t need the lawyer’s aid.”

What to do if a rambo fails to produce documents?

If after serving discovery, the Rambo litigator fails to produce documents you are entitled to, attempt to resolve the issue by conferring with opposing counsel first. If that fails, a court order is the next option. A motion to compel discovery is a request for the court to order the opposing side to disclose or produce discovery. The federal and state rules require that the parties attempt to resolve the issue before resorting to court action. The federal rules require “a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action” with the motion to compel. Local court rules also require a certification with the motion to compel.

How to record a deposition?

Depositions may be recorded by a video tape or similar means provided that the notice of deposition must state it is to be videotaped and it states “the name, address and employer of the recording technician.” The video recording of the deposition is in addition to the usual recording and transcription method unless the parties agree to the contrary. Video recording the deposition may curb counsel’s transgressions because he or she will know that the video tape will be available for use later should counsel act inappropriately. Moreover, the misconduct will be easier to demonstrate in front of a judge.

Why do judges discount the merits of an argument?

As judges “determine the parties’ rights and obligations by applying fact to law,” they may discount the merits of an argument because “incivility projects weakness” whereas “civility projects strength.”.

Why was Marvin Gerstein suspended?

To illustrate, Marvin Gerstein, an Illinois attorney, was suspended by the Illinois Supreme Court for thirty days for letters he sent to opposing attorneys. In one instance, because a claims adjuster questioned his conduct, Gerstein sent a letter back torn into “‘bite size pieces for your dining enjoyment.'”.

Why do domestic cases settle without trial?

There can be many reasons for this: one party is not ready for trial, one party does not want to go through a trial, or the parties, apart from emotional discord, may actually agree or be willing to compromise.

What is the rule of the court that counsel should not attribute bad motives or improper conduct to opposing counsel?

Paragraph 27 provides that “Counsel should not attribute bad motives or improper conduct to opposing Counsel, except when relevant to the issues of the case and well-founded.”. Rule 28 advises that “Counsel should avoid disparaging personal remarks or acrimony toward opposing Counsel.”.

How did Ross violate the Rules of Professional Conduct?

Midanik also claimed that Ross violated the Rules of Professional Conduct by knowingly pleading a falsehood in the statement of defence and counterclaim. Before the motion was heard the plaintiff abandoned the motion. Ross’ client received a higher cost award because the plaintiff abandoned the motion.

What is the rationale for the cost consequences cited above for making unfounded allegations of impropriety against counsel?

6 In deciding to award substantial indemnity costs, Master Hawkins focused on the harm that was done to the professional’s reputation when allegations of wrongdoing become part of the public record. 7 Justice Dambrot further explains in the Mele decision that even if the allegations are not actually advanced at trial, as long as they remain part of the public record, the harm continues . 8

Does the defendant lie in the mouth to complain about costs?

With respect to assessing the quantum of a costs award against a party who has made unfounded allegations that impugn the professional integrity of an adverse party, Justice Stinson stated that, “it does not lie in the defendants’ mouth to complain about the costs…” where they chose to attack. The attacking party should expect, and it is reasonable for the attacked party to vigorously defend its reputation. 10

Can a court order a lawyer against a client?

A note of caution though – just because a lawyer contravenes the Rules of Professional Conduct, a court will not automatically grant a cost order against that lawyer’s client or grant costs on a higher scale. In fact, there are many instances where the court chooses not to weigh in on the misconduct and instead says that it is an issue for the Law Society.

Can lawyers be held accountable for bullying?

So will abusive lawyers who try to bully other lawyers always be held accountable by the court? No. As stated above, there are cases where the court felt the appropriate forum to deal with this was a complaint to the Law Society. 14 Nonetheless, much like Jujitsu defeats an opponent’s attack by using their momentum against them, the take away from these cases is that sometimes the best way to handle a bully is to focus the court on their poor and unjustified behaviour and then use it to benefit your client on the merits and when dealing with costs.

Is the motion before the Master a master's motion?

In their correspondence Ross suggested the motion was a master’s motion. Midanik quoted two decisions where such a motion was before a judge and then sarcastically and unnecessarily added: “As you seem more comfortable before a Master” he would vacate the June 5 scheduling date and book a long motion before the Master. Ross pointed out that it was not a matter of his comfort, but the two decisions he referenced were from outside Toronto where there are no Masters. Midanik sarcastically responded: “I take it Madame Justice Gillese sat in Timbuktu?” Ross commented that because of the delay caused by the proposed motion, his scheduling of the motion was without prejudice to the continuation of the action. Midanik responded: “I do not need your permission or need to agree to any conditions before bringing an application which I must bring.” Mr. Midanik also suggested Mr. Ross retain senior counsel and share with him all the actions Mr. Ross has taken on behalf of certain of the parties.