A colleague of mine recently asked how I handle attorneys that are difficult to deal with. You know the type: the attorney who uses expletives in e-mail or correspondence, yells at other counsel at depositions, refuses to agree to any discovery extensions, will say one thing on the phone and then conveniently ignore that the conversation took place, and the list continues. I think all too often attorneys forget how small the legal community really is, and that your actions even in your first few years of practice will impact your reputation throughout your career. For those of you struggling with the "difficult" attorney, here are a few pointers I have learned throughout the years.
First, never sink to their level. We have all received an email or letter that we believe is a personal attack, and our blood pressure skyrockets. The immediate reaction is to quickly type up a response that includes the same colorful language and personal attack. You may also think you should copy all of the other attorneys in the case on your brilliant response, because that will show everyone that you are "right." In reality, nothing that you send to another attorney should contain an expletive or a personal attack – ever. Think of the viral emails you have received forwarded throughout the country from other attorneys that also believed their response was brilliant. Suddenly, their name, firm’s name, and response has been read and reviewed by a variety of lawyers (and ouch, clients or potential clients) who have now formed an opinion about the author’s character.
Rather than fire off a response you will regret later, my second suggestion is to count to ten and take a tip from Abraham Lincoln. Lincoln would often write letters he never sent. He would allow himself to express his initial feelings of anger, but then took the time to review, revise, and possibly not send at all his initial written response. I have found that my perspective is always clearer and more reasonable after I have taken a breather.
My third suggestion is to pick up the phone and go to lunch. In this world of emails, personal interaction with opposing counsel may be scarce. However, I believe that most of the time a simple phone call to introduce yourself and ask if there may have been a misunderstanding will go a long way to disarming the difficult lawyer. Also, take advantage of the opportunity to have lunch with opposing counsel after a hearing or at a deposition. You do not have to sit on opposite sides of the restaurant.
My fourth suggestion is to make sure you have read the following: (1) Texas Lawyer’s Creed, (2) Dallas Bar Association Guidelines of Professional Courtesy, and (3) Dondi Props. Corp. v. Commerce Sav. & Loan Ass’n, 121 F.R.D. 284 (N.D. Texas 1988) (en banc) (per curiam). These are helpful resources if you find yourself in those unprofessional situations with opposing counsel, clients, or judges.
Finally, cases and clients come and go, but your reputation precedes you. One of the very first statements of the Texas Lawyer’s Creed is that "I am passionately proud of my profession. Therefore, ‘my word is my bond.’" It may be difficult to believe that there was once a time when a Rule 11 did not exist. However, someone who is truly proud of this profession will act in a manner consistent with promoting personal dignity and integrity. Do not let the difficult lawyer undermine your own integrity and passion for this profession.
