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Playing nice with opposing counsel

Sarah D. Mann//April 9, 2012

Playing nice with opposing counsel

By Sarah D. Mann

//April 9, 2012

Last week, opposing counsel and I went back and forth regarding a discovery dispute about a document that I believed was subject to discovery and should have been produced. I drafted a “good faith” letter, drafted a subpoena to a third party and spent several hours researching the issue.

But counsel and I also scheduled a conference call to discuss the dispute. Within minutes, we were able to strike a compromise and the letter, subpoena and research were no longer necessary.

I learned a valuable lesson — play nice and try to work it out. Despite what people often think of lawyers, most of us are reasonable and want to avoid spending countless hours fighting over something that can be resolved.

Even if the issue ultimately is not resolved, it may establish some goodwill between the parties that at least an attempt was made to work it out.


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