Every lawyer who has practiced long enough, especially in litigation, must have met an opposing counsel who made his or her job difficult. A difficult opposing counsel is every legal practitioner’s nightmare.
In most cases, all the difficult opposing counsel wants to achieve is to distract you and the court. 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.
Importantly, the Model Rules do not prohibit a lawyer from talking to opposing counsel. So, why even talk about Rule 8.4 here? Well, unfortunately, there are lawyers out there who will seek to have a paralegal do their dirty work for them.
My attorney sent me an email telling me not to show up because it was only to reset the court date from the RFO where the judge had recused himself because he was the roommate of opposing counsel in law school. (My exes attorney also is married to a Los Angeles Superior Court family law judge… No advantages for him.)
Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.
Ultimately, it isn't uncommon for attorneys in the community to have a friendly relationship. Don't be afraid if you even see the attorneys partake in some light banter back and forth.
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.
Laws Of Conversation: How To Argue Like A LawyerIdentify The Issue And Don't Deviate From It. Recognise the main point of discussion and stick with it. ... Leave Emotion At The Door! Emotion will never win an argument. ... Be Wary Of Shifting Dialogues.
So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.
If an attorney is attempting to scare you into hiring them to handle your case, they are probably exhibiting bullying behavior that can have very negative consequences later on in your case.
How do you know a lawyer is lying?They tell you that they are known as the “best” at what they do. ... They guarantee you will win. ... They “specialize” in whatever your problem is. ... They call themselves a “father's rights” or “mother's rights” attorney in a custody case.More items...•
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 ...
No matter what name the agency in your state goes by, they will have a process you can use to file a complaint against your attorney for lying or being incompetent. Examples of these types of behavior include: Misusing your money. Failing to show up at a court hearing.
Always focus on why your side is right, rather than on why the other side is wrong. When crafting your argument, put yourself in the judges' position. Look for the weaknesses in your argument, anticipate the questions judges might ask, and plan responses that transition to the merits of your position.
They don't just talk about the facts; they present them. They give their audience visible, tangible proof that the case is as they say it is by providing concrete evidence, clothing, pictures of the crime scene or the victim, documents etc. They're Reasonable – Great lawyers appeal to reason.
Our pro tips on how to argue betterTry to stay calm. Recognise the impact of your own emotions on how you communicate. ... Don't retaliate. ... Listen actively and patiently. ... Speak for yourself. ... Speak clearly. ... Try to see why their solution makes sense to them. ... Apologise when you're in the wrong. ... Acknowledge their feelings.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
But, in the end, it is an unsettled question as to whether the client, herself, can function as the lawyer’s conduit.
During a Deposition. Opposing counsel may try to intimidate you during a deposition, hoping to fluster you if you are inexperienced. This can take many forms, but typically opposing counsel will make many speaking objections, instruct the witness how to answer, or sometimes tell you how to run the deposition.
Say that the attorney’s actions are inappropriate and if they persist you will seek intervention from the court with all available remedies after the deposition, including re-deposing the witness. Threatening to call the judge or head over to the courthouse is often enough to put an end to it.
The first line of defense is to merely ignore the speaking objections and other chatter. Oftentimes opposing counsel is just trying to annoy you, and if you don’t take the bait, they will tire and stop the inappropriate behavior. If they persist, however, make a statement on the record.
Your tone should be measured and reasonable, but your letter should accurately reflect the events of the phone call. This creates a record that you can later use as a submission to the court, if necessary. The letter, though, is usually enough to curb such behavior because it shows opposing counsel you are serious.
From time to time, opposing counsel may act in an uncivil or unprofessional manner during a telephone call, where there is no official record as there might be in a deposition or a written communication.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.
If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.
The first part of ABA Model Rule 8.4 is rather simple: “It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another.” (Subpart (a), emphasis added).
Any litigator knows that some cases drag on for years. Over that length of time, opposing law firms can develop a sort of kinship with each other. In fact, some attorneys make a big production out of calling for “professional courtesy” between opposing firms. Watch out.
This tip is especially important when you’re in a new job. If you’ve worked for multiple attorneys in your career, you know that every single one has their own style and preferences. This is true when it comes to communications with opposing counsel. Some may want you to handle the bulk of the phone calls with opposing counsel.
If you have a meeting with your lawyer, there’s a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldn’t waste your time, be unprepared, or mishandle your funds or documents.
Reason #1: Your lawyer isn’t returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients — not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. There’s no excuse for not returning phone ...
Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.
Your lawyer has a duty to pursue your legal action with zealous representation. That’s legal-speak for the concept that the lawyer should do everything that’s reasonably feasible to advocate for, or represent, their client. Almost every law student is taught about zealous representation in law school, but some might forget or become less motivated as the years go by.
If your case is already filed within the court system, you (or your new attorney) will need to file notice with the court that you are now represented by new counsel. Your new attorney will file a “motion for substitution of counsel” and your old attorney will file a motion to withdraw.
Pay off your balance immediately because the lawyer could hold your case files until they receive payment. If you know your lawyer isn’t working for you, but you don’t have a second lawyer yet, please feel free to use the Enjuris Personal Injury Law Firm Directory to find a lawyer near you who can take your case.
Reason #4: You disagree with your lawyer’s advice. You retain legal counsel because you need advice. However, the lawyer should still take your wishes into consideration. The lawyer could be pressuring you to accept a settlement that you think is too low to cover your costs after an accident.
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.
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.
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.
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.
If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.
If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.
In the end, the most important thing is keeping parents and children safe, and maintaining the economic viability of parents. These all involve human and civil rights. What despairs me, is that the judiciary is far too willing to rule in favor of men in appeals, and not take cases of mothers and children.
And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.
The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.