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Try to Be Cooperative To that end, create an accommodating tone at the beginning of your dealings with the other attorney. If you set that tone, you may see a measure of reciprocal, even pleasant behavior.
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.
Unprofessional Behavior Failing to show up for meetings. Using foul or crass language. Making important decisions about your case without your input. Missing deadlines. Filing paperwork incorrectly. Failing to disclose conflicts of interest. Continuing to work on your case when there is a known conflict of interest.
If you wish to be taken seriously by the court, whether in oral or written argument, never malign or belittle your opponents or their position. Treat opposing counsel with respect, regardless of whether you feel they deserve it. This is a fundamental rule of courtroom etiquette and common decency.
Dear [Opposing Counsel Name], I am writing to follow up on our recent communication regarding [case name].
Clients must respect that boundary and avoid speaking directly to opposing counsel about their case. Why? An Attorney Cannot Speak to the Talkative Opposing Client about their Case.