how to deal with a rules lawyer

How to tame a rules lawyer

• Look in the mirror. Sometimes you have done the Spinning death is not OK, whereas Twirling Kill is within the rules.
• Cut the rules lawyer a little slack. If you have a short-temper towards rules-lawyering, you may be burning his bacon as...
• Talk to him. It is creating strife in your group, and his chapter/verse quoting is killing your fun. Ask...

Full Answer

How do you deal with a difficult lawyer?

Follow the Laws, Rules, and Procedure. By following the law and sticking to the rules of procedure, you will be able to control errant opposing lawyers. Knowing the law, rules, and procedure is a good technique in checkmating some of the antics of difficult lawyers.

What are the rules of Professional Conduct for lawyers?

Master Dash stated: 21 Rule 6.01 (1) of the Rules of Professional Conduct provides that “a lawyer shall conduct himself…in such a way as to maintain the integrity of the profession.” Rule 6.03 (1) provides that a lawyer shall be courteous and civil with all persons with whom he has dealings in his practice.

Should a lawyer avoid criticizing other lawyers?

Of particular relevance is the commentary under that rule which provides that “a lawyer should avoid ill-considered or uninformed criticism of the … conduct of other lawyers.”

Is it legal for a lawyer to talk to another lawyer?

Finally rule 6.03 (5) prohibits the communication to another lawyer or any person “that is abusive, offensive, or otherwise inconsistent with the proper tone of a professional communication from a lawyer.” 22 The Principles of Civility for Advocates provides further guidelines for the conduct of litigation by lawyers.

What to do when practicing law is not for you?

We are only required to do the best we can and that is always enough. If practicing law is not for you, you can do something else. If you are good at it but aren’t having fun, you need to get your mind in proper working order. When practicing law gets dicey, that is the time you need to be grateful.

Why are lawyers admired?

5. Lawyers are admired more for their honesty (and/or humanity) than winning. We all know those lawyers who are aggressive, confrontational, disagreeable and just plain unlikeable. People may dislike dealing with them or fear them, but they are rarely admired. Think carefully when you choose how to deal with your colleagues, clients and the court. Would you rather be admired for your honesty and integrity or feared because you are a jerk?

What happens if you don't control your emotions?

9. If you don’t control your emotions, they will control you. Many people don’t understand how powerful their minds are and what they can do with them. When we don’t focus on positive events and thoughts, chances are we will focus on negative events and thoughts. That is what lawyers do because we focus on worst-case scenarios. It may come as a surprise, but most successful people do not focus on worst-case scenarios, they focus on the best thing that can happen.

How to not be a prisoner of your past?

1. Do not be a prisoner of your past. What happened in your life is a lesson, not a life sentence. We are our own jailors, and our minds are the key. You do not have to obsess over events that were painful or not what you wanted. You are not a victim, so don’t act like one.

Do you focus on the worst case scenario?

It may come as a surprise, but most successful people do not focus on worst-case scenarios, they focus on the best thing that can happen. Admittedly, if you are stressed, angry or depressed, it is difficult to focus on positive thoughts.

What is the rule of the court that counsel should not attribute bad motives or improper conduct to opposing counsel?

Paragraph 27 provides that “Counsel should not attribute bad motives or improper conduct to opposing Counsel, except when relevant to the issues of the case and well-founded.”. Rule 28 advises that “Counsel should avoid disparaging personal remarks or acrimony toward opposing Counsel.”.

How did Ross violate the Rules of Professional Conduct?

Midanik also claimed that Ross violated the Rules of Professional Conduct by knowingly pleading a falsehood in the statement of defence and counterclaim. Before the motion was heard the plaintiff abandoned the motion. Ross’ client received a higher cost award because the plaintiff abandoned the motion.

Can a court order a lawyer against a client?

A note of caution though – just because a lawyer contravenes the Rules of Professional Conduct, a court will not automatically grant a cost order against that lawyer’s client or grant costs on a higher scale. In fact, there are many instances where the court chooses not to weigh in on the misconduct and instead says that it is an issue for the Law Society.

Can lawyers be held accountable for bullying?

So will abusive lawyers who try to bully other lawyers always be held accountable by the court? No. As stated above, there are cases where the court felt the appropriate forum to deal with this was a complaint to the Law Society. 14 Nonetheless, much like Jujitsu defeats an opponent’s attack by using their momentum against them, the take away from these cases is that sometimes the best way to handle a bully is to focus the court on their poor and unjustified behaviour and then use it to benefit your client on the merits and when dealing with costs.

Does the defendant lie in the mouth to complain about costs?

With respect to assessing the quantum of a costs award against a party who has made unfounded allegations that impugn the professional integrity of an adverse party, Justice Stinson stated that, “it does not lie in the defendants’ mouth to complain about the costs…” where they chose to attack. The attacking party should expect, and it is reasonable for the attacked party to vigorously defend its reputation. 10

Why are lawyers so calm?

Calm lawyers are usually the most efficient because they do not allow their emotions to becloud their sense of reasoning. Nothing upsets an opposing counsel more than a calm and collected lawyer.

Why are lawyers so aggressive?

The reason many lawyers are uncivil and aggressive comes from the desire to please their clients. There is certainly a popular misconception by the public that lawyers who are difficult and aggressive are the ones who can bring in results.

How do opposing lawyers distract their opponents?

One way opposing lawyers distract their opponents by filing incessant motions to frustrate a matter. Some lawyers are easily distracted by allowing every issue raised by an opposing lawyer to become a dispute. While it is essential to react to some motions, learn to ignore harmless ones.

What is a difficult opposing counsel?

A difficult opposing counsel is every legal practitioner’s nightmare. Even judges dread the thought of presiding over matters involving a difficult lawyer. Their fears are understandable. Difficult lawyers seem to have a penchant for employing unethical tactics to win a case. According to some lawyers, dealing with a difficult opposing counsel is ...

What upsets opposing counsel more than a calm and collected lawyer?

Nothing upsets an opposing counsel more than a calm and collected lawyer. A relaxed lawyer who is not overwhelmed with emotion is less likely to make mistakes in his case.

How to be proactive in a court case?

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. By preempting the moves of the lawyer on the other side, you will avoid delays caused by your opponent’s delayed actions.

What is civility in the legal profession?

Civility lies at the core of the legal profession. The legal profession expects every lawyer to act with the utmost courtesy both in and outside the court. There is always a temptation to throw civility out of the window and display aggressive behavior towards an opposing counsel. Big mistake!