Dear Counsel, thanks for taking a moment to read this section about how we can work together. My goal is to maintain a professional relationship with opposing counsel and hope that this section helps layout how we can work together and answer any questions you may have.
As we begin to work together, I offer a brief overview of my approach to litigation that I hope you will find helpful. I take great pride in maintaining friendly relations with opposing counsel. While we are both committed to zealously representing our clients, I promise to do everything I can to help make this process as smooth for both of us as possible.
My general approach to working with opposing counsel is laid out below:
1. Communications
E-mail is usually the quickest way to reach me. Due to the volume of court appearances, depositions and client meetings, I am frequently out of the office. If matters are time-sensitive and you need something urgently, please text or call me on my cell phone.
2. Correspondence
I prefer to correspond primarily through email for ease of tracking. However, I am able to send via regular mail or fax if you request.
3. Discovery
I try to be very accommodating in considering and responding to your discovery requests. Please do not wait until the end of discovery to share information that could and should have been shared earlier. I will not do this to you.
a) Written Discovery
In responding to your written discovery requests, I try to get right to the point and send you the pertinent information; please do the same. Normally when I respond to your document requests I will also attach the documents (scanned and numbered) in .pdf. If you send interrogatories, please don’t ask the same questions during deposition. Normally I will agree to a Confidentiality Agreement wherein private documents are protected from disclosure outside the parameters of litigation.
b) Depositions
We will have an opportunity to depose each other’s client. Please do not ask the same question repeatedly or attempt to mischaracterize a statement my client makes in a subsequent question.
4. Dispositive Motions
Plaintiff (my client) is to have disputed facts viewed in her favor, and is to get the benefit of reasonable inferences from those facts. Please do not submit to the Court a fact that is directly contradicted by other record evidence. Similarly, if I submit a fact that is not supported by the record evidence, or goes beyond any reasonable inference, please bring it to my attention and I will address it.
5. Settlement
Please keep in mind that before I file a case in court I have carefully reviewed it and believe it has substantial merit. If you think my case is flawed as a matter of law, please let me know and I will go back and take another look. If you are correct, I will acknowledge it and take whatever corrective action is necessary.
I believe it is a plaintiff’s obligation to provide a settlement demand upon the request of opposing counsel and that the demand should reflect the strength of the case, the extent of the client’s losses and projected losses, the nature of the company’s conduct, and the amount of time invested in the case. As the case proceeds, I usually adjust the demand consistent with these factors.
6. Professional Courtesy
I will likely never object to a colleague’s request for an extension to respond to a motion or a brief. If I have made a mistake on something I’ve filed with the Court please let me know and I’ll correct it. Please copy me immediately on any correspondence you send to the Court, and I’ll do the same. Please copy me on any subpoena for documents at a reasonable time before it is served, and I’ll do the same.
I look forward to working with you.