Opposing Counsel And In California
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If you find yourself in a situation where you believe the opposing counsel is not being truthful, the key is to rely on evidence and legal procedures to address the issue. You can also consult with a local lawyer in the area of law your case involves to get additional advice on your specific case and this magistrate.
Use Mr./Ms. last name for the initial email. When opposing counsel responds and signs off with a first name (e.g., "Nick"), use that going forward. ? To address a group of opposing counsel, go with "Counsel." If you find these tips helpful, please follow Nick Bullard and click the ? to get my next tip.
Do not engage. Think of her as a course hazard more than an opponent. Aim your words, always, at the judge. Be on time, be reasonable, be flexible to the extent it will not prejudice or harm your client, and do your best to keep all interactions in writing and on the record.
Use Mr./Ms. last name for the initial email. When opposing counsel responds and signs off with a first name (e.g., "Nick"), use that going forward. ? To address a group of opposing counsel, go with "Counsel." If you find these tips helpful, please follow Nick Bullard and click the ? to get my next tip.
If the problem persists, take action before the situation gets worse. Do not pass the issue to someone else in your office. Instead, a frank exchange between you and the opposing counsel may be needed. Perhaps a colleague can serve as an intermediary to smooth the way to a better relationship.
If you intend to oppose the ex parte application, file your opposition documents as soon as you can. You may bring your opposition to Court with you and file it before the ex parte hearing. Arrive 10 to 15 minutes earlier than your scheduled time. Check in at Window 1 in the filing room.
8 Tips for Dealing with Difficult Opposing Counsel 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.
Rule 3.7 Lawyer as Witness If the lawyer represents the People or a governmental entity, the consent shall be obtained from the head of the office or a designee of the head of the office by which the lawyer is employed.
