Attorneys sometimes face all types of adversaries as they deal with authorized issues for shoppers. Some adversaries are pushovers and solely do the naked minimal wanted to advertise their shoppers’ pursuits. Different adversaries on routine issues may “undergo the motions” and do nothing out of the peculiar in bringing a authorized matter to an in depth. Nevertheless, some adversaries go above and past of their representations of shoppers, and this may frustrate counterparts since they should work more durable to defend their shoppers’ pursuits towards “hard-charging” adversaries. Though legal professionals won’t like coping with such adversaries, such interactions could make legal professionals develop and be taught new expertise.
Many of the instances in my post-Biglaw profession have been considerably routine. The overwhelming majority fall into common patterns relying on the type of case, and my adversaries don’t shock me an excessive amount of in how they signify their shoppers’ pursuits. Nevertheless, I had two adversaries lately that went above and past for his or her shoppers, and this impacted how I strategy my very own illustration.
I used to be as soon as coping with a business matter, and the opposite social gathering had an preliminary lawyer who was comparatively predictable. This adversary filed respectable, however not stellar, papers. The matter proceeded as I predicted. After the opposite social gathering misplaced a key ruling, they determined to rent new counsel. Maybe as a result of this new lawyer had one thing to show, the legal professional went above and past by submitting attention-grabbing motions, making compelling arguments, and drafting papers I had not seen a lot since my days in Biglaw.
Since this adversary was taking the litigation to a brand new peak, I needed to react in type to match my adversary’s power. I additionally spent appreciable time drafting distinctive papers and making out-of-the-box arguments. If my adversary drafted a movement, I made positive my opposition papers had been longer and higher supported. Alongside the best way, I found new defenses and arguments that I utilized in totally different instances I dealt with later in my profession. Although this adversary stored me on my toes, and made me work more durable than I’d in a extra routine case, I used to be completely satisfied for the expertise because it allowed me to develop and be taught new data.
One other time, counsel substituted right into a case and the brand new lawyer took the illustration to a degree that was not pursued by the earlier one. This case was litigated in a discussion board through which I dealt with fewer instances, so I encountered numerous the distinctive points about this discussion board for the primary time throughout this case. I responded to motions I had by no means dealt with earlier than and was uncovered to the quirky guidelines of this discussion board that had by no means come up within the handful of instances I had dealt with on this discussion board earlier than. The case resolved on the eve of trial, so I used to be in a position to witness an distinctive practitioner on this discussion board up shut for years by dealing with this case with a very expert adversary. Once I deal with instances on this discussion board now, I’ve rather more confidence as a result of I’ve experiences from this case.
Somebody as soon as instructed me, that it’s referred to as the “observe” of legislation since legal professionals be taught always about authorized methods from the issues they deal with. Though legal professionals won’t need to acknowledge it, adversaries are among the greatest lecturers since they’ll expose lawyer to new arguments, and if a lawyer faces expert adversaries, such counterparts can power attorneys to use their authorized acumen to new ranges. Accordingly, legal professionals ought to extra usually want they had been uncovered to succesful adversaries since this could have a constructive impression on their very own authorized acumen.
Jordan Rothman is a accomplice of The Rothman Law Firm, a full-service New York and New Jersey legislation agency. He’s additionally the founding father of Student Debt Diaries, a web site discussing how he paid off his scholar loans. You’ll be able to attain Jordan by way of e mail at jordan@rothman.law.
