"Again you accuse me of not dealing in good faith. This reflects not on me but rather on your poor judgment and your ethics."
This came to me from a lawyer with whom I'd had prior dealings. It was not the first time that he had put himself in the shoes of his client and insulted me personally despite my super conscious efforts to refer only to his client's settlement offers.
He has ranted to me about how my case is frivolous, how he has rock solid evidence in defense, and how he'll seek attorney's fees for my poorly conceived and frivolous litigation.
This attorney has a penchant for throwing stones from the windows of his glass home.
In reality, my opposing counsel has a website indicating he has a license to practice in three states. He is only able to practice in one. He tells me my judgment is questionable, but he went to court in a recent case seeking attorney's fees of eighty eight thousand dollars for his client's dubious ERISA claim. He had so much great evidence, he got fifteen hundred. I'll keep this to myself for now.
It is a disservice to a client and to your professional reputation to become so wrapped up in your client's representation that you forget that legal representation of a client is a job. A job that requires some passion, some doggedness and some toughness, no doubt. But that passion must be tempered with an underlying sense of detachment and an always obvious measure of respect.
But for their fees, lawyers should not have an emotional or personal attachment to the outcome of a typical damages lawsuit. It is a mistake to be hostile and disrespectful to your opposing counsel in any event. This is particularly true if they are detached and capable in their own right. Cooler heads always prevail in front of a judge. Even if they are only relatively cooler than the head on the spittle spraying jackass at the other table.
Be the cooler head.
As a final note, be respectful in all communications. Every email, every text and every voice mail can be used as an exhibit in a motion or memorandum to the Court. It is doubly painful to be taken down by your own hostile words. Don't let that happen to you.
No comments:
Post a Comment