Social faux pas

[Jaggers]

When I first moved in house, I had five years of experience and I came up repeatedly against union lawyers who had many more years. They tried to bully me and push me around, and shrugging my shoulders and saying "we can just let the arbitrator sort it out" often worked wonders.

The secret sauce is that you have to know that you're the person taking the more reasonable position, or at least that they're similarly reasonable.

[Aureliuse]

21 hours ago, Cool_name said:

Wait, what? How is raising cost consequences or bringing a motion if the other party doesn’t agree a faux pas? 

There is a tactful way to do this.

In settlement discussions, best to leave costs and threats of a motion out of it. People get defensive when you warn them of the consequences. Defensive people are less likely to settle or listen.

If you have exhausted settlement options, then politely say "perhaps we need a motion date, as our clients are too far apart in position on the following issues, what is your earliest availability counsel?" Before that, maybe we should have a half an hour call with a judge to share how far apart we are.

Some lawyers will demand your availability when they unilaterally book a date, or set the motion filing/service timetable; I wonder if that is borderline sharp practice. Esp. when judges typically will agree to a short adjournment at their expense.

14 hours ago, LMP said:

In my experience, as a student, it is never raised as a procedural step. But rather brandished like a blunt instrument. 

It makes counsel look weak when they make threats but don't follow through.

The most smart and frankly "trial-dangerous" counsel I faced were tremendously polite, patient, and courteous.

Edited May 25, 2023 by Aureliuse