Dealing with Opposing Counsel

• Author: Rebecca Ann Taylor
• Profession: Writer and attorney
• Pages: 169-171

169

Veteran attorneys are well aware of the challenges of dealing with oppos-

ing parties and witnesses and how to overcome them, but newer attorneys

(and perhaps more experienced ones as well) could use some special advice

on the subject. There will sometimes be fair and ethical attorneys on the

other side who are tough for their clients, but everything they do is rea-

sonable to you because you understand their role, and perhaps they took

a few moments to introduce themselves to you, extend some professional

courtesies, and establish some rapport. Many civil rights cases will involve

allegations of severe injustice to your client, and along with that will likely

come negative emotions for your client that may be completely turning

her life upside down. It only adds fuel to your client’s re when there is an

unreasonable attorney on the other side who is exing her litigation muscles

just because she can. Maybe she is subjecting your client to excessive or

even harassing discovery, such as attempting to depose your client for days,

asking for extremely sensitive and personal information that you believe

to clearly have no bearing on the case, and perhaps demanding that your

client’s medical or mental health records be produced when you have not

placed that information at issue in the case and that information is imma-

terial to your causes of action.

Of course, you can always le motions to quash and motions for pro-

tective orders, but some judges have a broad view of discovery and uphold

a policy in favor of disclosure above all else. If your judge maintains that

Chapter 9

Dealing with Opposing Counsel

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