how to win against an aggressive attorney

by Citlalli Ondricka IV 10 min read

Winning vs. Resolution The aggressive lawyer is one-dimensional and has one method that he follows: fight in court. The assertive lawyers looks at all options, applies logic and a cost/benefit analysis to them, and then collaborates with you to find the best option.

Here are eight approaches to better handle the difficult lawyer.
  1. Point out Common Ground. ...
  2. Don't be Afraid to Ask Why. ...
  3. Separate the Person from the Problem. ...
  4. Focus on your Interests. ...
  5. Don't Fall for your Assumptions. ...
  6. Take a Calculated Approach. ...
  7. Control the Conversation by Reframing. ...
  8. Pick up the Phone.

Full Answer

Do aggressive lawyers get as good as they give?

Jul 14, 2018 · The best way to deal with a lawyer who is aggressive and confrontational and who tries to intimidate you at a deposition, trial, or in any other hearing is t...

Are aggressive lawyers on the “short-list” of lawyers?

Even if it is, when a lawyer being paid on a contingent fee basis for a weak or frivolous lawsuit sees that our side is prepared to take the case to trial, that lawyer is faced with the prospect of working for a year on a case and very likely not getting paid for the work. Settlement becomes his or her only successful strategy.

Is it better to be a lawyer’s lawyer or Lawyer's Lawyer?

Oct 16, 2013 · 2) Stay Cool – Remember, the difficult lawyer is trying to rattle your cage, throw you off-track, etc. The worst thing you can do is engage in the same tactics as the opposing side and to lose your composure. Stay civil and continue to …

What does it mean to be aggressive?

Nov 04, 2013 · 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 ...

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How do you deal with a difficult lawyer?

Educate, educate, educate: The key to dealing with most difficult clients is educating them. Take the time to talk to them and explain the legal process, even if you have to do it repeatedly. Report regularly as this will help the client understand their file and alleviate concerns that nothing is being done.Oct 10, 2016

What does it mean to be an aggressive attorney?

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.Sep 24, 2015

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...•Jun 22, 2018

Can a lawyer yell at you?

Have you ever seen a lawyer yell at their client? Yes. In fact, I have more often seen an attorney yell at their client than not yell at their client. People hire attorneys and somehow think they get to tell them how to do their job.

What is aggressive representation?

Webster's defines aggressive as “marked by combative readiness”. Aggressive representation does not, by definition, mean fighting for the sake of fighting. To the contrary, it means: Being ready to fight only if absolutely necessary.

How do you deal with aggressive 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.

How do you address an opposing counsel?

#2: Don't put the opposing counsel's email address in the “To:” line until you know your email is ready to send. This is a simple tip, but it is one that can save you from costly mistakes. Never fill out the “To:” line of your email until you are absolutely, positively, ready to send it.May 11, 2021

What is reasonable response time for a lawyer?

within 24-48 hoursA: 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.Dec 28, 2019

Do judges yell?

A judge must not only be fair, but be seen to fair. That means he must act in a way which shows his impartiality. Yelling at people generally reflects an emotional dislike for that person. If you yell at a litigant it might be seen that you are emotionally biased towards that person.