Page 9 - JanuaryFebruary26 Report

a few practice points I recommend for advancing
your client’s interest while still forging a productive
working relationship with opposing counsel.
1.If possible, always grant reasonable
extension requests
Whether it be page, word count, and/or time
extension requests, I generally agree to all reason-
able extension requests (key word being reasonable).
This generally means extensions that do not preju-
dice your client’s position, delay critical deadlines,
or appear to be dilatory tactics. I understand that we
all have clients and certain clients don’t want to give
an inch to the other side, but I generally get client
blanket authority to permit me to grant any and all
extension requests that we, as their counsel, deem
appropriate. Also, don’t seek to reduce an opposing
party’s reasonable extension request. First, it has not
been my experience that my client gains anything
by opposing reasonable extension requests. Second,
courts generally grant reasonable extension requests
anyway, so you don’t want to put yourself in a posi-
tion of failing to agree to reasonable requests. Third,
I’ve always had opposing counsel return the favor in
granting any extension requests when my side previ-
ously agreed to the other side’s extension request. You
never know when you’ll need an extension because of
your and/or your client’s schedule and you’re far better
off granting reasonable extension requests so that your
extension requests will be similarly approved.
2.Pick up the phone
In today’s electronic driven world, we
primarily communicate with opposing counsel
via email. I encourage members of our firm to pick
up the phone and speak with opposing counsel at
the beginning of the case and whenever there are
important topics at issue. This usually sets a tone
for open communication in the case and helps us
set expectations. I’m generally of the opinion that
the more information opposing counsel is willing
to provide informally helps us get more information
about the case and permits us to better counsel our
clients on next steps. I also encourage our team to
really participate in speaking with opposing counsel,
which includes speaking and listening. And there is
a distinct difference in talking with and talking to
someone. No one wants to be talked to (i.e. talked at).
Like any productive relationship, open communica-
tion is critical.
“
Civility isn’t
about being
weak or
compromising
your client’s
position—it’s
about being
strategic,
professional,
and ulti-
mately more
effective.”
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