how to stop an aggressive lawyer

by Garry Pouros 9 min read

One great way to handle difficult opposing lawyers is to be proactive. If you are always reacting to what the opposing lawyer is throwing your way, you’ll regularly be playing catch up. 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.

Here are eight approaches to better handle the difficult lawyer.
  1. Point out Common Ground. ...
  2. Don't be Afraid to Ask Why. ...
  3. Separate the Person from the Problem. ...
  4. Focus on your Interests. ...
  5. Don't Fall for your Assumptions. ...
  6. Take a Calculated Approach. ...
  7. Control the Conversation by Reframing. ...
  8. Pick up the Phone.

Full Answer

How do you handle difficult opposing lawyers?

Oct 16, 2013 · 4) Pick Your Battles – Remember that all of the time you spend arguing with or focusing on the difficult lawyer is time spent on issues that, in the end, will not likely win the case. Also, when dealing with a difficult lawyer, its typical for the court to intervene to schedule matters and resolve other disputes.

What is an “aggressive” lawyer?

Jun 02, 2020 · Be Calm. Although controlling one’s emotions in the face of extreme provocation can be difficult, learn to summon all of your willpower in staying calm. It’s always a thing of joy to see lawyers who remain calm even under the most vicious attacks from an opposing counsel.

How to deal with an opposing counsel in court?

Sep 20, 2019 · Our courts frequently comment on the breakdown of civility in the legal profession, citing the way media portrays lawyers — especially trial lawyers — …

What is aggressive driving and how to avoid it?

How to Deal With Aggressive Lawsuits: A Strategy At Buffington Law Firm, our civil trial attorneys are probably asked this question more than almost any other by clients who have flimsy or groundless lawsuits brought against them: "Why can't I get this frivolous lawsuit thrown out before trial?" The question is, for many cases, understandable.

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Are lawyers supposed to be aggressive?

Lawyers need to have a good feel for when to push a little further and when to back off a little, when to be a little more gentle in approach. An “aggressive” lawyer will not get very far when they irritate and anger the people who are in a position to positively resolve your case.Oct 22, 2018

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What do you do when opposing counsel won't respond?

In a nutshell, if opposing counsel isn't responding:Document your repeated efforts at contact, including your statement of the consequence of continued nonresponse.Wait a reasonable amount of time.To be safe, get a court order authorizing direct contact.More items...•Jun 22, 2018

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Can a lawyer be rude?

Rudeness isn't necessarily illegal They might be tired or frustrated. That doesn't excuse bad behavior, but it also doesn't mean that your attorney isn't putting their best efforts into your case. Most attorneys have an intake process where they decide if they want to take your case or not.Sep 12, 2020

What are examples of ethics violations?

Ethics violations such as discrimination, safety violations, poor working conditions and releasing proprietary information are other examples. Situations such as bribery, forgery and theft, while certainly ethically improper, cross over into criminal activity and are often dealt with outside the company.Aug 14, 2015

How do you deal with aggressive opposing counsel?

8 Tips for Dealing with Difficult Opposing CounselPoint 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.

Do opposing lawyers talk to each other?

(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

Is it normal for lawyers to not respond?

One of the most common reasons that lawyers fail to communicate with their clients is because they are simply too busy. If you feel like you are getting the runaround, it may be time to take a more direct approach and call your lawyer directly.Jul 10, 2021

Who is Dennis Beaver?

After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, " You and the Law ." Through his column he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."

Is the internet a good friend for a bully lawyer?

When it comes to reducing the chances of bumping heads with a bully lawyer — especially a bully employer for your first job as an attorney — the internet is your best friend.

Tuvia Korobkin

Moving for a protective order may be one route, as suggested by another attorney. In addition, keep in mind that if the other side's attorney makes a motion to compel and is NOT successful, YOU may be entitled to sanctions against THEM if you ask for sanctions in your opposition.

Frank Wei-Hong Chen

Normally, asking for responses to interrogatories and threatening monetary sanctions for failure to comply with discovery would not constitute harassment.#N#Nevertheless, the remedy is not a civil restraining order, but rather a motion for protective order. A protective order can be use to limit the scope of discovery or to...

John Noah Kitta

If you truly have an unpaid wages claim you, as the prevailing party would have an entitlement to attorney fees and costs and penalties. I would strongly encourage you to retain an experienced employment attorney and have him or her take the case on a contingency basis. This is an arrangement everyone can afford and it is certainly available.

Neil Pedersen

While I do not know the specifics of your situation, but what you describe is not harassment, it is litigation. You chose to handle the case yourself and you have to live in the bed you made for yourself. Litigation can get aggressive, and time consuming and deadline oriented.

Craig Trent Byrnes

You need to get an attorney. These are basic issues that happen in every civil case, and if you don't know how to manage them, you will lose.

How to depersonalize a situation?

One effective way to de-personalize is to put yourself in the other person’s shoes, even for just a moment.

What is the right to say no?

You have the right to say “no” without feeling guilty. You have the right to get what you pay for. You have the right to have opinions different than others. You have the right to take care of and protect yourself from being threatened physically, mentally or emotionally.

What is the most important priority in the face of a confrontational and hostile individual?

The most important priority in the face of a confrontational and hostile individual is to protect yourself. If you don’t feel comfortable with a situation, leave. Seek help and support if necessary. Contact law enforcement if you have to.

What are the rights of a human being?

Following are some of our fundamental human rights: You have the right to be treated with respect. You have the right to express your feelings, opinions and wants. You have the right to set your own priorities.

Do bullies back down?

Many bullies are also cowards on the inside. When their victims begin to show backbone and stand up for their rights, the bully will often back down. This is true in schoolyards, as well as in domestic and office environments. On an empathetic note, studies show that many bullies are victims of violence themselves.

What are the penalties for aggressive driving?

Aggressive driving can result in misdemeanor criminal charges. This means that offenders may be subject to criminal penalties such as: 1 Fines of up to $1,000 2 Up to 90 days in jail

How long can you go to jail for aggressive driving?

Up to 90 days in jail. Being found guilty of aggressive driving can also result in other penalties, such as the loss of driving privileges, and negative impacts on one’s insurance policies. In some states, aggressive driving can result in more serious criminal felony charges.

What is reckless driving?

Changing lanes or overtaking/passing recklessly. Not stopping or pulling over for emergency vehicles. Failing to stop or slow down at a school crossing zone. Tailgating, swerving, or other dangerous maneuvers. Aggressive driving is often included under state statutes which regulate reckless driving.

How to avoid aggressive drivers?

1. Keep Calm as You Drive. Often, many drivers who encounter an aggressive driver respond aggressively, which creates a more dangerous and volatile situation on the roadway. Although you cannot control other motorists' actions, you can control your own – keep calm while driving to avoid aggressive drivers and responding aggressively to them.

What to do when you encounter an aggressive driver?

When you encounter an aggressive driver, you should take actions to defuse the situation. Waving or gesturing that you are sorry may ease tension. However, do not acknowledge or return any rude gestures the driver may make toward you.

Why is my driver aggressive?

Additionally, traffic delays are a common cause of driver aggression, so allow yourself plenty of time to reach your destination in case you encounter delays as you travel to your destination. Furthermore, you should try to create a calm environment in your vehicle.

What is aggressive driving?

Aggressive driving is a factor in over half of all traffic fatalities , according to the AAA Foundation for Traffic Safety. Keep yourself safe on the road by taking care to avoid aggressive drivers. Phillips Law Group’s Phoenix car accident ...

Why is it important to drive courteously?

Drive courteously to prevent aggressive drivers from targeting you on the road. If you are driving at a slower pace than the flow of traffic, move your vehicle to the right lane.

What to do if someone is tailgating you?

If someone is tailgating you, move over so the driver can continue on ahead of your vehicle. Also, avoid making eye contact with an aggressive driver. Making eye contact may engage and provoke the aggressive driver, causing him or her to continue his or her aggressive actions against you. 3. Smooth Over the Situation.

What to do when you are stopped by a police officer?

When stopped, use your cellphone to call local law enforcement and report the details so an officer can be dispatched to address the situation. Give as much information about the aggressive driver's vehicle as possible so that the driver can be identified by law enforcement, such as: The vehicle’s make and model.

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