If the other side's lawyer has personal knowledge of the facts of a case the lawyer can be called as a witness; you then need to decide if you also want the lawyer disqualified from further representation. It will be a battle. 1 found this answer helpful
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Roberts Jr. is increasingly using the word “friend” to refer to opposing counsel in oral arguments, a term also picked up by the lawyers appearing before the court. In 2013, the word “friend” became the most common word for opposing counsel, overtaking “opponent,” the …
On this backdrop, the discussion of a lawyer’s duty to opposing counsel is both timely and potentially significant. 3. DUTY TO OPPOSING COUNSEL: RULES OF PROFESSIONAL CONDUCT Lawyers licensed by the Law Society of Upper Canada are subject to its Rules of Professional Conduct.9 These Rules serve as touchstone for our discussion.
Jun 02, 2020 · 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.
Forensic Consultants will provide their opinion(s) to the client, to opposing counsel during deposition, in response to written interrogatories, in reports, and to the judge and jury at trial or any other lawfully convened hearing. This is done with the goal of making others aware of the security issues and contributing to a just and proper conclusion on the litigation.
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.
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.
According to some lawyers, dealing with a difficult opposing counsel is one of the most stressful aspects of their jobs. Since some opposing lawyers have formed the habit of aggression, it makes no sense trying to talk them out of it. Dealing with difficult attorneys requires tact. Habits, when formed and done repeatedly, are not easily broken.
In dealing with difficult attorneys, learn to be civil. When you are civil, you exert positive energy, felt not only by your opponents but also by the judge . Many lawyers on receiving correspondence from an opposing counsel will quickly put pen to paper and write a no-holds-barred letter in reply.
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!
Some research and studies have shown that being assertive reduces your stress and helps you deal with difficult situations. Assertive lawyers are rarely intimidated and can succinctly make their points without insulting the other side.
Rich Hoffman, in Computer and Information Security Handbook (Third Edition), 2017
Ann D. Zeigler, Ernesto F. Rojas, in Preserving Electronic Evidence for Trial, 2016
The examiner's final report is the formal document that is delivered to prosecutors, investigators, opposing counsel, and so on at or near the end of an investigation. These reports typically consist of:
The examiner’s final report is the formal document that is delivered to prosecutors, investigators, opposing counsel, and so on at or near the end of an investigation. These reports typically consist of:
John G. Iannarelli, Michael O’Shaughnessy, in Information Governance and Security, 2015
Selecting a document review platform is as important as every other aspect of the e-discovery process. Therefore, this section provides a snapshot of some of the features and questions your team should consider:
OK, so … now what? At this phase of the Breach, you are more than likely past the worst of it. I say, “more than likely” due to the fact that many Breach investigators make the mistake of myopically focusing on the Breach that they were brought in to investigate, discounting entirely that this particular compromise may be one of many.