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Opposing Counsel In Court In New York
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Multi-State
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US-0011LTR
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LBR 2091-1(a) provides a procedure for an attorney to withdraw as counsel, and that withdrawal results in the client no longer being represented by an attorney. The former client is now considered to be a "Self-Represented Party".
Other situations permitting withdrawal include, for example: (1) where the client insists on action that the lawyer believes is criminal or fraudulent, (2) certain instances where the lawyer has an inability to work with co-counsel, (3) the lawyer's mental or physical condition renders it difficult for the lawyer to ...
Typically, a former client seeking to disqualify a former attorney from representing an opposing party must identify specific, cogent information that the attorney possesses and show that the information is confidential and implicates the duty of loyalty.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
"A party seeking disqualification of an adversary's lawyer must prove: (1) the existence of a prior attorney-client relationship between the moving party and opposing counsel, (2) that the matters involved in both representations are substantially related, and (3) that the interests of the present client and former ...
The Rules of Conduct specify that an attorney may terminate a client relationship where the client (a) insists upon presenting a claim or defense not warranted under existing law and not supported by a good faith argument for extension, modification, or reversal of existing law; (b) seeks to pursue an illegal course of ...
(b) Except as stated in paragraph (d), a lawyer shall withdraw from the representation of a client when: (1) the lawyer knows or reasonably should know that the representation will result in a violation of these Rules or of law; (2) the lawyer's physical or mental condition materially impairs the lawyer's ability to ...
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.
When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
If one party to a case has filed a motion with the court, the other side can file an “opposition.” An “opposition” is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
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On the return date of the motion, you must come to court and submit the original opposition papers, with the original affidavit(s) of service attached. If you wish to oppose a motion, you may prepare an Affidavit in Opposition.You can write a letter to the appropriate Attorney Grievance Committee or fill out and submit a form available from their websites. A checklist to assist counsel with fulfilling the initial meet and confer requirements in civil cases in New York's supreme and county courts. Be prepared, do your research, and remain firm. If you did not appear in the local court for your case, you must file a motion with the local court to vacate the default judgment (CPLR § 5015 and § 5511).
