Navigating the Storm: Strategies for Dealing with Difficult Opposing Attorneys

Have you ever had to struggle with an attorney who is unnecessarily rude or confrontational?

Or, an attorney who is hostile or completely uncooperative? Or who will never return your calls or answer your emails?

In the legal profession, encountering difficult opposing attorneys is an inevitable part of the job. These challenging interactions can range from aggressive and intimidating tactics to passive-aggressive and obstructive behaviors, significantly impacting case progress, client relationships, and stress levels. Navigating these stormy waters requires professionalism, strategic thinking, and effective communication. This blog will explore practical strategies for dealing with difficult opposing attorneys, ensuring you can manage conflicts effectively while maintaining professional integrity and achieving the best possible outcomes for your clients.

Types of Difficult Behaviors in Opposing Attorneys

Have you encountered challenging, sometimes unprofessional behaviors from opposing attorneys? I know I have. I have experienced most of these:

1. Aggressive Behavior: Yelling, making threats, or using a hostile tone to intimidate you and create a tense environment.

2. Uncooperative Behavior: Refusing to collaborate, ignoring communication, and obstructing the discovery process to delay proceedings and frustrate progress.

3. Manipulative Behavior: Using deceptive tactics such as providing misleading information, withholding key documents, or attempting to manipulate the facts to gain an unfair advantage.

4. Passive-Aggressive Behavior: Indirect resistance, such as agreeing to tasks but not following through, showing up late to meetings, or making snide comments to undermine your efforts.

5. Condescending Behavior: Talking down to you, making sarcastic remarks, or dismissively questioning your competence and professionalism.

6. Unreasonably Demanding Behavior: Making excessive and unrealistic demands, such as unnecessary document requests, or setting unreasonable deadlines to create additional pressure.

7. Overly Emotional Behavior: Exhibiting frequent emotional outbursts, such as anger or frustration, can create a volatile and unpredictable working environment.

8. Non-Communicative Behavior: Ignoring calls, emails, and other forms of communication or providing vague and unhelpful responses, leading to delays and misunderstandings.

Understanding these different challenging behaviors can help you prepare and respond effectively, ensuring you can maintain professionalism and advocate for your clients. Which of those have you experienced?

The Impact of Challenging Behaviors on Practicing Attorneys

Have you experienced the frustration of dealing with these behaviors? I know I have. Opposing counsel can wreak havoc in our world; these are some of the ways:

1. Increased Stress and Anxiety: Dealing with aggressive or uncooperative behavior can significantly raise stress levels, leading to anxiety and impacting mental health.

2. Reduced Productivity: Time and energy spent managing challenging behaviors detract from focusing on case preparation, client communication, and other essential tasks, reducing overall productivity.

3. Emotional Exhaustion: Continuous exposure to manipulative or passive-aggressive behavior can lead to emotional fatigue, making it harder to stay motivated and engaged.

4. Professional Frustration: Facing condescending or overly demanding attorneys can create frustration and helplessness, potentially diminishing job satisfaction and enthusiasm for the profession.

5. Professional Burnout: Chronic exposure to problematic behaviors can contribute to burnout, characterized by physical and emotional exhaustion, detachment from work, and a reduced sense of accomplishment.

6. Reduced Confidence: Constantly dealing with challenging behaviors can erode self-confidence, making you doubt your abilities and approach to handling cases.

7. Impact on Physical Health: High stress levels associated with managing difficult attorneys can lead to physical health issues such as headaches, hypertension, and other stress-related conditions.

Failure to manage these challenging behaviors can lead to many negative consequences, including increased stress, reduced productivity, emotional exhaustion, professional frustration, burnout, reduced confidence, and even physical health issues. Understanding the profound effects of these challenging behaviors can help you develop strategies to mitigate their impact, maintain professional resilience, and ensure quality representation for your clients.

Best Strategies to Manage Difficult Attorneys

Dealing with difficult opposing attorneys can be a significant challenge in legal practice. In 45 years of litigation, I have seen it all.  Here are the best strategies to effectively manage these interactions:

1. Uphold Professionalism. Always strive to remain composed. Regardless of the provocation, keeping your cool is crucial. Difficult attorneys may try to rattle you, but staying calm ensures you think clearly and respond appropriately. The louder opposing counsel gets, the softer my voice is and the slower I am to speak.  Practice deep breathing or briefly pause if you feel your emotions rising. Always address the opposing attorney respectfully, even if they do not reciprocate. Using polite language and a respectful tone helps de-escalate potential conflicts and maintains a professional demeanor. This respect can also influence how others, such as judges or clients, perceive you.

2. Establish Clear Boundaries: At the outset, communicate your expectations for professional behavior and the boundaries you expect to be respected. This can be done through an initial meeting or in written communications, such as emails. Clarify acceptable communication methods, times, and responses to avoid misunderstandings.

3. Document Everything: Meticulously document all interactions with the opposing attorney. Keep copies of emails, letters, and notes from phone calls or meetings. This documentation serves as a record to reference if disputes arise and can be invaluable if you need to escalate the issue.

4. Use Effective Communication: Strive to be clear and concise. Draft your communications to be direct and unambiguous. Being concise helps ensure your points are understood and reduces opportunities for conflict. Also, demonstrate that you actively listen to the opposing attorney by acknowledging their points before presenting your counterarguments. Phrases like “I understand your position” or “I see where you’re coming from” can show respect and may help build a more cooperative relationship.

5. Utilize Conflict Resolution Techniques: Identify and emphasize areas of agreement to build rapport and foster a collaborative spirit. Highlight shared goals, such as resolving the case efficiently to shift focus from confrontation to collaboration.

6. Focus on the Facts: Avoid responding with personal attacks. Keep your communications strictly about the legal issues at hand. Refrain from making comments about the opposing attorney’s character or abilities. Personal attacks can escalate conflicts and detract from resolving legal matters. Ensure your arguments are based on facts rather than emotions or assumptions. Presenting objective, well-reasoned arguments can help maintain a professional atmosphere and strengthen your position.

7. Obtain Support: You need someone to vent with and someone to obtain guidance from. Don’t hesitate to consult with colleagues or mentors who have faced similar challenges. They can provide strategies, moral support, and a fresh perspective on handling the situation. Your mentor has been there and understands. He can help you determine the right way to respond.

8. Know When to Escalate: If the opposing attorney’s behavior crosses ethical lines or becomes abusive, consider filing a formal complaint with the relevant bar association or regulatory body. Ensure you have documented evidence to support your complaint. Consult your firm’s ethics committee or legal counsel to determine the best action.

Dealing with problematic opposing counsel is always challenging. By implementing these detailed strategies, you can more effectively navigate the challenges of difficult opposing attorneys, maintain professionalism, and protect your client’s interests.

Conclusion

Managing the challenges of difficult opposing attorneys is an integral part of legal practice. By maintaining professionalism, setting clear boundaries, communicating effectively, and utilizing conflict resolution techniques, you can transform these interactions into opportunities for growth and success. Remember, how you handle difficult attorneys reflects your resilience, strategic thinking, and commitment to upholding the highest standards of the legal profession. Embrace these strategies, and you will protect your clients’ interests and enhance your reputation as a formidable and respected attorney. Stay steadfast, stay professional, and turn challenges into triumphs.