when opposing counsel and your attorney are in kahoots

What is an opposing counsel?

Jun 02, 2020 · Be Proactive. One great way to handle difficult opposing lawyers is to be proactive. If you are always reacting to what the opposing lawyer is throwing your way, you’ll regularly be playing catch up. 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.

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

While opposing counsel and staff may be adverse to your attorney’s client, this does not mean the relationship must be antagonistic. Attorneys for opposing parties do not need to agree on every point to grant reasonable requests and have a cordial, professional relationship. Ellen Lockwood, ACP, RP, is the Chair of the Professional Ethics ...

Is your opposing counsel making your job difficult?

Dec 28, 2020 · An opposing counsel is a lawyer or attorney representing an opposing party in a lawsuit. In a legal dispute, you’ll typically have the plaintiff represented by an attorney along with the defendant also legally represented. The plaintiff’s attorney is the opposing counsel to the defendant’s attorney and vice-versa.

How do opposing lawyers try to distract you in court?

May 11, 2021 · #3: Don’t be overly friendly with opposing counsel. The code of ethics surrounding counsel communication is pretty general, but it’s necessary to maintain a high level of decorum in any interaction with opposing counsel. The best way to avoid this trap is to keep all communications with opposing counsel in a professional, arm’s length tone.

How do you address an opposing counsel?

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

How do you deal with unprofessional opposing counsel?

Do opposing attorneys talk to each other?

What should you not say to a lawyer?

Why is my attorney not fighting for me?

How do you negotiate with opposing counsel?

How do you deal with a difficult lawyer?

What is opposing counsel?

Can opposing counsel be friends?

What is the most common complaint against lawyers?

Are lawyers friends with each other?

What is an opposing counsel

An opposing counsel is a lawyer or attorney representing an opposing party in a lawsuit.

Duties of opposing attorneys

Opposing attorneys are required to collaborate in the context of a lawsuit or any other matter to achieve the best possible result for their clients.

Remain mindful of Model Rule 8.4

The first part of ABA Model Rule 8.4 is rather simple: “It is professional misconduct for a lawyer to: (a) 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.” (Subpart (a), emphasis added).

Opposing counsel is not your friend

Any litigator knows that some cases drag on for years. Over that length of time, opposing law firms can develop a sort of kinship with each other. In fact, some attorneys make a big production out of calling for “professional courtesy” between opposing firms. Watch out.

Know your limits

This tip is especially important when you’re in a new job. If you’ve worked for multiple attorneys in your career, you know that every single one has their own style and preferences. This is true when it comes to communications with opposing counsel. Some may want you to handle the bulk of the phone calls with opposing counsel.

Playing Nice

A good attorney should have the ability to dig in their heels when they need to. They should also have the ability to play nice and shake hands if needed to open the lines of negotiation.

Friendships Can Bring Successful Resolutions

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. Being knee deep in law all day can be extremely stressful, so playful banter can often ease the tension that often goes along with family law.

How to contact opposing counsel?

In a nutshell, if opposing counsel isn’t responding: 1 Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse. 2 Wait a reasonable amount of time. 3 To be safe, get a court order authorizing direct contact. 4 If that’s not possible, and you intend to make direct contact with the adverse party, make sure you tell them to refer the communication to their attorney if they are still represented, and ask for documentation of termination if they say they aren’t.

What is the number to call for ethics?

Attorneys with concerns about legal ethics can call the Ethics Line at 206-727-8284 or 800-945-WSBA (9722) , ext. 8284 and receive help analyzing ethical issues. For other issues, Sandra can be reached at [email protected] or 206-239-2118.

What is the safest course of action?

The safest course of action is to ask the court for an order authorizing you to have direct contact with the adverse party. In transactional matters; however, filing a court action can be impracticable.

What is lack of communication?

Lack of communication can be a delaying tactic by counsel, or another intentional strategy. If direct contact with the adverse party is made, you should question the party again to see if they are represented. If so, stop further communication and tell the party to refer the communication to their counsel. If the party says they terminated the ...

What is RPC 4.2?

A possible approach is to consider that RPC 4.2’s restriction only applies when you know that a person is represented. The term “knows” is defined in RPC 1.0A as “actual knowledge of the fact in question.”. A person’s knowledge may be inferred from circumstances.