I have a few files with counsel that make me smile. These counsel will speak aggressively on the record, state their positions and argue passionately for their case. Once the argument is done, we are completely friendly with each other and to the casual observer appear to be good friends.
Another type of counsel is the one who knows litigation is a game and all they’re doing is playing their role until it resolves. This lawyer isn’t particularly invested in their client’s case, it’s just another paper to push. Those lawyers are relatively easy to deal with as they don’t appear to care about the end result, unless their firm doesn’t get paid.
The more difficult counsel to deal with is the counsel who have taken on the emotions of the file (don’t be that lawyer) or the counsel who have no clue what they’re doing and think that lashing out unprofessionally masks that fact. It doesn’t. It screams it from the roof top.
Counsel in this last category often argue that civility means you have to coach them on their job and that the very act of taking an opposing position to theirs is bullying. It is not. It is litigation.
If you are in this last bundle of counsel, you likely are not enjoying litigation. Dare I say, it’s not for you. The good news is that there are many other areas of law that won’t put you in the adversarial role our system is built on. You’ll be happier there. Please. Go practice elsewhere.
Inga B. Andriessen, Principal Lawyer