By Jonathan Brophy

When you are a newer associate, you will soon discover the unfortunate truth that there are certain attorneys who long ago forgot about the "civil" in "civil litigation."

The best piece of advice I ever received for dealing with an aggressive opposing counsel is to know the rules. Whether you're in a deposition, at a hearing, or conferring over a discovery dispute, knowing what you are entitled to and what you are not entitled to will help you be a strong advocate for your client without giving up unnecessary ground.

However, there is also a difference between knowing the rules and knowing how to practice. It will take a little while to learn the battles to fight and the ones to walk away from. Don't worry about giving opposing counsel an answer to a proposal on the spot - tell them "I'll think about it." Indeed, most strategy calls don't have to be made right away and you may not even have the authority to make an agreement - "thinking about it" will buy you the time to craft an appropriate response or solution.