A lawyer who knows the facts of his case will not veer off course by joining issues with an opposing counsel on extraneous matters. Be Courageous. A Difficult opposing counsel can sometimes be downright intimidating. But most experienced lawyers have learned that being courageous is one of the best ways to deal with them.
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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. Don’t be distracted. In most cases, all the difficult opposing counsel wants to achieve is to distract you and the court.
A difficult opposing counsel should be handled like a festering boil near your eyelids, lest they harm you and your case. Save yourself from stress and despair in your legal practice by learning how to deal and relate with difficult lawyers.
Using an analysis similar to that in Opinion 97-406, the Pennsylvania committee stated that the lawyer could do so provided that both lawyers obtained the informed consent of both of their clients.
Pennsylvania State bar opinion 2007-27 considered whether a lawyer could represent the child of opposing counsel in an unrelated matter. Using an analysis similar to that in Opinion 97-406, the Pennsylvania committee stated that the lawyer could do so provided that both lawyers obtained the informed consent of both of their clients.
Litigation is the term used to refer to the process of enforcing or defending your legal rights.
A litigation lawyer, also known as a litigator, is specialized in a specific area of the law and in the litigation process.
Litigation attorneys have the responsibility to explain to you the legal steps and processes you need to follow to enforce or defend your legal rights.
If you are looking to demand compensation from another party and file a lawsuit, depending on the facts of your case, a litigation lawyer may work on a contingency basis or charge a nominal legal fees combined with a payout based on the success of the case.
What is the difference between a litigator and a lawyer, is there any?
Litigation lawyers are professionals experienced in dispute resolution and court procedures.
6 things opposing counsel can teach you about being a legal professional. Anyone who has practiced litigation for any length of time knows one universal truth – opposing attorneys can be the bane of your existence. Even the most professional among them can very quickly dampen your day with a snide remark, a baseless accusation, or a curt phone call.
The reality of litigation is that cases can last for years. During that time, legal professionals have real lives to lead outside the office. People get married, they go on vacations, they get too busy to handle the workload. When these life events occur, it is wonderful when opposing counsel can be gracious about them.
It doesn’t matter what your area of specialty is, if you work in litigation, your life will be stressful. During the busiest times, relationships with opposing counsel can be especially strained. If you keep a great attitude throughout the case, however, your life may be a lot easier.
Recognizing that DEI is critical to the legal profession, our judicial system, and the rule of law, law schools re-energized their DEI efforts, implementing new anti-racism and DEI efforts, initiatives, and trainings for faculty, staff, and students.
Continually updated tools and resources to help move your practice and the legal profession forward during COVID-19 and beyond.
Like all technology, legal tech is constantly evolving. There are regular upgrades and enhancements, and what was up-to-date yesterday can be rendered obsolete today. That’s the way it is with all tech – whether it’s your cell phone, your television … or your legal research tech.
The same technology that gives your opponent additional clues into your strategy has an additional feature that’s even more beneficial for judges. They can upload up to six documents — yours and your opponent’s — and compare them. What did you or your opponent include or exclude? What is the judge seeing or inferring that you aren’t?
If you are not represented you may speak to the other party or their attorney. The attorney must communicate with you unless you are represented then the opposing attorney must not contact you without your counsel's permission.
You can work with your sister directly, or obtain legal counsel. I strongly advise you obtain legal counsel as your sister's interest in the estate is adverse to your interest. Don't be short sighted and obtain probate legal counsel.
Jayne L. Sebby (Unclaimed Profile) You have no obligation to retain an attorney. Your sister's attorney has an ethical obligation to communicate with you. However, if you choose to represent yourself in this matter, you have an obligation to act like an attorney.
Richard H. Wooster (Unclaimed Profile) You don't need to have an attorney , but you should hire one. If the matter is in litigation there are formal ways of communicating. If the attorney wants to get it resolved they will have to speak with you.
The attorney does not need to talk with you, but he/she cannot force you to get your own attorney. Since the attorney has indicated he/she will not communicate with you, that implies that you are free to discuss this with your sister, directly. I do not think the attorney could prevent that, anyway. Report Abuse.
You don't need to have an attorney, but you should hire one. If the matter is in litigation there are formal ways of communicating. If the attorney wants to get it resolved they will have to speak with you.
However, if you choose to represent yourself in this matter, you have an obligation to act like an attorney. That means not only having a clear understanding of the relevant laws and regulations and how they apply to the issue but also conducting yourself in a professional manner.
You don't say what kind of matter this is or how likely it is to be contested or adversarial, but generally speaking, attorneys don't have a problem with being friendly with other attorneys who are on opposing sides in a case and maintaining their professional obligations to zealously represent their clients. Often attorneys are on the same sides of the case in multiparty cases and on different sides in other...
Since your attorney had the integrity to disclose the relationship, it is hard to believe that he would consider "throwing" your case. The only time in almost 40 years of legal practice that I have even suspected that any such thing happened, the attorneys involved did not disclose the relationship to the clients...
The third category discussed is acquaintances, which the opinion defines as “relationships that do not carry the familiarity, affinity or attachment of friendships.” The opinion describes such relationships as those where individuals see each other at gatherings, such as for a professional organization or church, but don’t feel “a close personal bond.” Acquaintances may be lawyers who meet at bar association meetings, present continuing legal education programs together or serve on committees or boards together.
In such a case, the attorney cannot handle the client’s case unless each client has given informed consent confirmed in writing. The opinion also notes that sometimes a lawyer may need to disclose a close relationship under another ethics rule—Rule 1.4, the lawyer’s duty of communication.
According to the ABA’s Standing Committee on Ethics and Professional Responsibility, some relationships with opposing counsel are “casual” enough that they do not present a conflicts issue, but others “might obligate the lawyer” to disclose such relationships to clients. ABA Model Rule 1.7 (a) (2) prohibits lawyers from representing a client ...
Under the ABA Model Rules of Professional Conduct, attorneys can’t represent clients if they have a marital or familial relationship with opposing counsel unless they get informed consent in writing from their client. A new ethics opinion takes it further, warning that lawyers need to take a hard look at all personal and casual relationships ...
These include friendships where the lawyers exchange holiday gifts, spend time at each other’s homes routinely or vacation together with their families. Ordinarily, such close friendships with opposing counsel should not only be disclosed to clients, but lawyers should also obtain clients’ informed consent.
Your lawyer’s actions can have a substantial negative impact on your case, especially if they cross the line into unethical or illegal behavior. You may want to win your case, but if your attorney is breaking the law or lying to help you do so, then you are both at risk of serious consequences.
Most of the time, finding a lawyer means there is a significant stressor in your life. Making important decisions like which attorney to use, while already under stress, can seem impossible. Hopefully, this guide will make the process somewhat less daunting.
Your lawyer’s actions can have a substantial negative impact on your case, especially if they cross the line into unethical or illegal behavior. You may want to win your case, but if your attorney is breaking the law or lying to help you do so, then you are both at risk of serious consequences. Unprofessional or unethical behavior can include: 1 Arriving late or failing to show up for important meetings, or missing court dates 2 Making decisions of importance about your case without discussing it with you first 3 Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court 4 Refusing to return your calls or messages within a reasonable timeframe 5 Knowing there is a conflict of interest in your case, but proceeding despite the ethical problem
If your attorney is coming off like a used car salesman, be wary. You want an attorney who will fight for the best possible outcome, but the best of attorneys know they can never promise a positive outcome. You deserve an attorney who is honest with you, even if the truth hurts.
If you are battling for the custody of your children’s custody or struggling because you are not receiving child support, you need an attorney who will keep you apprised of every step of the process. If you continuously struggle to contact your lawyer, and they often do not return phone calls and messages , it is a bad sign.
Unprofessional or unethical behavior can include: Arriving late or failing to show up for important meetings, or missing court dates. Making decisions of importance about your case without discussing it with you first. Missing filing deadlines, filing paperwork incorrectly or filing the wrong paperwork with the court.
In the legal arena, attorneys start at the bottom and work their way up. If there is a lack of professional respect for your attorney, whether it is former clients, in the courtroom, or with their peers, it should be a red flag.