Friday, September 1, 2017

TORT TALK PRACTICE TIP

KEEP YOUR FRIENDS CLOSE, BUT YOUR ENEMIES CLOSER

No advice may be as difficult to heed than the caution to keep your enemies or adversaries close. 

One way to deal with such "enemies," or all adversaries for that matter, is to keep them close by knowing the facts and the law of the case better than your adversary does. 


By having a full understanding of the facts and knowing the applicable law and rules of procedure at the commencement of a case, one can more effectively control a vexatious opposing counsel and move the case forward to its inevitable conclusion, whatever that may be. It is important to also remember that a case can only move forward by keeping opposing counsel close through continued communication.

As aggravating as opposing counsel may become in such dealings, it is best to remain in control of your own emotions, ignore their shenanigans, and hit them with kindness, good humor and rational explanations supporting your position. 


Always confirm everything in writing with these types of attorneys as a further method to keep them under control. Again, a positive way to view such a situation of having to deal with a needlessly difficult opposing counsel  is to remember that each communication will move the parties one step closer to the eventual resolution of the case, at which point you will no longer have to deal with that attorney.


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