Swimming Lessons For Baby Sharks, Practical Advice For New Lawyers

By GROVER E. CLEVELAND

Q: I am involved in a negotiation with an abusive opposing counsel. He tries to embarrass me in front of my client and says I don’t know what I am talking about. I am concerned about raising this with my supervising attorney, because he may think I am over my head. Any suggestions?

A: Ah. Civility. Depending on your personality, the rough and tumble of law practice can be one of its less appealing aspects. But sometimes the job involves taking a bullet for your client. Usually, the best course of action involves keeping a laser focus on your client’s needs and working to de-escalate the situation. And “de-escalate” does not mean “appease.”

Here are some tips to navigate rough seas:

1. Check in with the supervising attorney or your peers. You are right to avoid appearing weak. But that does not mean you must go it alone. One of the benefits of working at a firm is having other resources. Ask for suggestions about dealing with the situation. Focus your inquiry on doing a better job for the client rather than on avoiding personal unpleasantness. Begin by discussing strategies you have considered. Then discuss other potential approaches.

2. Don’t cave. It’s not uncommon for some opposing lawyers to try to intimidate younger and less experienced attorneys. You need to show the bullies – and your client – that it won’t work. Don’t budge. If you cave under pressure, you invite more pressure. Going into a negotiation, you should understand what you can and cannot agree to. And remember – no one can make you say “yes” when you want to say “no.” If an opposing lawyer is coming unhinged, take it as a sign that you are doing your job well.

3. Realize that the bad behavior may backfire. Once in a heated negotiation, opposing counsel hurled a pen across the conference table at my client. The room went silent. After an awkward pause, the pen-flinging attorney pretended the stunt was an accident. When no one in the room bought it, he suggested it was a joke. By then, the bad boy barrister was on the defensive. He was not in a good position to advocate for his client. And since the client wanted to maintain productive relations with the other party, the client fired the pen-flinging lawyer shortly thereafter.

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