How to Put Combative Lawyers in Their Place
Charla Aldous and Heather Long co-authored an article, Putting Combative Lawyers in Their Place, that was presented at the 2015 Winning at Deposition: Skills and Strategy conference. Read about it here.
Charla Aldous and Heather Long want attorneys to know that there are certain rules, both ethical and professional, that lawyers need to operate within. That was the goal of their paper, presented at the 2015 Winning at Deposition: Skills and Strategy conference.
The Texas Disciplinary Rules of Professional Conduct hold attorneys to a high standard. They require each lawyer to act respectfully toward the legal system and those who serve it. That includes other lawyers. As a lawyer, if you are facing opposing counsel who is making preposterous objections or comments, you don’t have to let that slide.
In Carroll v. Jaques Admiralty Law Firm, P.C., 110 F.3d 290 (5th Cir 1997), we see that even extenuating circumstances, such as exhaustion, annoyance, or even a medical condition, do not excuse speech and behavior that is abusive, profane, or overly-confrontational. Even under immense pressure, Aldous and Long encourage attorneys to keep their cool. When lawyers stay calm and collected, the court is much more likely to give detailed guidance on how the dispute can be resolved productively.
The paper is full of valuable insights for novice and seasoned attorneys alike. You can read the full article here: Putting Combative Lawyers in Their Place.