Posted on September 26, 2018 in Blog
I write as a follow up to my blog on Encounters with Opposing Counsel, meant to highlight civility or lack thereof in the practice of law. I received a lot of constructive and insightful feedback. And for that I am grateful. Thank you for taking the time to read my blog and for continuing the conversation.
I did, however, want to address a couple of themes in your responses.
Since it was published and after having received your responses, I’ve re-read the blog several times. I can’t help but see that I come across as a bit whiny that I had to work during my vacation. I hate that. I have worked and will continue to work during vacations where necessary to advance and protect my client’s interests. My point was to highlight the fact that what was once a routine practice of granting an extension or continuance to a fellow member of the bar has devolved in some cases to gamesmanship and an effort to attempt to leverage one’s position. And that unfortunately leads to incivility among lawyers and unintended negative consequences to clients. My job is to advance my client’s interests, not make opposing counsel’s life difficult.
Some of your comments also focused on the last line of my blog — “And to that opposing counsel who ruined my vacation, I remind you that the world is round…” I did not, as the language may suggest, intend to indicate that I would “get back” at this attorney at some point in the future. That would send the wrong message and contradicts the very reason for writing the blog in the first place. I simply wanted to point out that those that act in this manner may feel repercussions in some form or fashion down the line, i.e., the world is round. Perhaps they will be on or heading off on a vacation, and will ask for an extension and not receive it. So, in my effort to keep the blog concise I seem to have lost some of the messaging.
What matters most is that we continue the dialogue. I look forward to hearing from you.
About the Author: Brett has been a litigator his entire career. He advises clients in complex business and bankruptcy litigation matters with an emphasis on director and officer liability, breach of fiduciary duty, partnership and shareholder disputes, fraud, and avoidance and recovery of preferential and fraudulent transfers. Brett represents court-appointed fiduciaries, trustees, receivers, corporations, shareholders, individuals, creditors’ committees, and secured and unsecured creditors. Click here to find out more about Brett.