Posted by wlansden |
Filed under commentary
By Brian Malcom
Crazy attorneys. They are out there. In your practice, you may come across one or two. Or you may be one. If you are one, please click the "X" in the top right of your screen to proceed. If you are not, continue.
The best way to learn how to deal with a crazy attorney is experience. Crazy takes many forms. Some attorneys manipulate, misrepresent, or twist your words. Some even record your calls and present quotes out of context. Some write you long letters that say nothing. Some report you to various administrative agencies, control boards, or authorities to seek to harass you. Some spontaneously cluck like a chicken in a courtroom.
A "crazy" attorney could be someone on your side of the case, a co-counsel or a colleague at your firm. He or she could also be opposing counsel. Heaven forbid, he may even be your client. Knowing how to deal with a loose cannon is an important skill to develop in any industry and especially law, where an unpredictable or unstable attorney can make life hard on everyone involved or impact you or your client in a significant way.
Here are five things to do when a "crazy" attorney does something crazy:
-
Keep your composure intact. Do not react to absurd acts or assertions. Do respond. Knee-jerk reactions are never good in our field. With the exception of verbal objections or trial, rarely does a lawyer have little time to think through possible courses of action and the consequences of choosing each course. That being said, the record needs to be corrected and you need to defend yourself or your client. Take the time to respond, in writing, and correct any misunderstandings, misrepresentations, or inaccuracies. A good, clear record is your best friend. Rarely is a complete failure to respond acceptable. Repeated responses to the same crazy behavior, however, would itself be a bit insane and wasteful.
-
Keep your professionalism intact. Some "crazy" attorneys will try to bait you into reacting rashly and disclosing confidential information or otherwise acting unethically. Do not fall for this. Remember, no case and no other attorney is worth your integrity or your license to practice law.
-
Keep the record intact and concrete. If you must deal with a "crazy" opposing counsel, you may find that he or she is twisting your words from phone calls or in-person statements. With these type people, it is best to request that all communications be in writing. Short of recording conversations, which raises some ethical concerns as well as some legal concerns in certain jurisdictions, this is the only way to make sure your words and statements can be reproduced later in their original context. Better yet, it makes even the craziest of attorneys think a bit more before they send something your way. If you need to eventually report the "crazy" attorney to a disciplinary authority or the court, a solid record will be your best friend.
-
Keep your own sanity intact. If you are getting frustrated with another attorney, give yourself a break from him or her if possible. Purpose yourself to not engage with the frustrating individual for 2 days, 3 days, or a week. This will give you time to recharge, refocus on other matters, and carefully evaluate your next move. You may also enjoy life a bit more, too. The last thing we all need is another burned out and crazy (?) attorney roaming the courthouse.
-
Keep your reputation intact. Do not let a "crazy" attorney on the other side or on your side change who you are. If you are a "nice" attorney that routinely extends professional courtesies, do your best to treat the "crazy" attorney in the same way as you treat other attorneys. Some crazies can be cured with kindness -- these are usually the ones that are just burned out and jaded. If you are an aggressive, bulldog litigator, do not second guess your strategy. Keep the moving forward. If the crazy attorney affects how you practice law on a daily basis, they have won. If you're not careful, you will let the crazies bring you down to their level. You are better than that.
In sum, be careful with "crazy" attorneys, but don't be bullied. Cluck, cluck.
Currently rated 4.9 by 7 people
- Currently 4.857143/5 Stars.
- 1
- 2
- 3
- 4
- 5