According to the dictionary definition, “aggressive” means ready and willing to fight, argue or using forceful methods to win or succeed to do something. Therefore, an aggressive lawyer is a lawyer who uses force, unethical or other tactics to represent his or her client and who also lucks professionalism in dealing with other lawyers. This lawyer tend to show up in the field of criminal defense and civil justice. This kind of lawyers are hated by their fellow lawyers, lawyers are taking initiatives to stop the spread of aggressive lawyers. This is because they are always rude to opposing counsel. Some judges also find aggressive lawyers to be unprofessional and unethical lawyers. So what should one do to deal with these kind of lawyers? In this article we are going to discuss the aggressive lawyer tips to deal with them. A lawyer should work with zeal and dedication to represent a client and with the bounds of the law.
1. Stay focused and remain calm
Many aggressive lawyers use forceful tactics to get their opposing counsel frustrated, agitated or distracted so that their opponent fail to provide the required document or information due to fear. It is therefore, important to remain calm and focused when dealing with this kind of lawyer. If the opposing is not providing the relevant information document or evidence. Do not get into an argument with them, instead find other ways of getting the information, for example through the witnesses and third parties. Stay focus on what is important, do not be swayed away by the aggressive statement said by such kind of lawyers.
2. Do not use aggressive tactics
You cannot deal with aggressive lawyer by being aggressive. This is because it is his character and you will not be able to beat him or her using this tactic. It is naturally when you are insulted you will try to insult back. Similarly when the opposing counsel yells or insults you, you will feel compelled to do the same. However by using the same tactics is not the right way to handle such a situation. You are likely to be sanctioned for such conducts.
3. You should avoid turning every dispute into a battle
In civil cases every lawyer must do what it takes to prove the innocence of his client and meat case management deadline at the same time meet the need of the client. Contrarily to an aggressive lawyer this is not the case. He is determined to destroy the case if possible without consideration of the client’s demand. In other words ensure as much as possible to prevent issues becoming a dispute because they may ruin your case. Pick your battle carefully.
4. Educate your client
Some clients’ prefer there lawyers to use the aggressive tactics and therefore they may encourage you to use this strategy. It is your responsibility to educate your client and tell them that you think using those tactics is not good for them. Also you should encourage them by telling them by not using those tactics will not prevent you from zealously representing them. You should also explain to clients why ethically you will not respond to such kind of tactics considering you and your clients may face disciplinary actions or sanctions by responding or by using aggressive tactics. You should educate your clients by telling them aggressive tactics will increase the cost of litigation and result in unfavorable consequences for those who use them. After educating your client but they still insists you to use them, you must be prepared to end or terminate the client’s relationship. A lawyer is allowed according to the law to withdraw from representing a client if the client insist upon the lawyer taking an action that the lawyer conceders it to be unethical and repugnant. You should remind your client most frequently that the opposing counsel using of aggressive tactics will not impend the zeal of representing them.
5. You should involve the court and the disciplinary committee
There comes a time when you need to involve the judge to address such aggressive tactics used by aggressive lawyers. Filing motions repeatedly can constitute aggressive tactics and lawyers. In extreme cases you should report the aggressive lawyer to the disciplinary committee for action to be taken against the lawyer. Lawyers are provided by the low to report any misconduct that is done against them, this incudes calling each other names and personal threats. They should create a conducive atmosphere in their farm where young associates will feel comfortable to bring complain about their the misconducts and mistreatments.
6. Know the rule and procedure of your judge
In addition to state laws and rules, judges and courts have their own procedures and rules that govern their proceedings and they should be followed to the latter. These rules especially regards the disciplinary conducts and other pretrial issues. It is important you know what the procedures and preference so that you can tailor your issue representation and to prevent your motion from compelling denied summary. Knowledge of the court procedures and rules will place you in a good position with the court. This will give you an upper hand in dealing with an aggressive lawyer.
7. Know your case
The best way in dealing with an aggressive lawyer is to know the facts and figures in your case. Also you should know the controlling legal principal in that case. You should understand the files and documents presented to you. You should also know what your witnesses are going to say. Knowing your case will prevent you from panicking or masking your own insecurity by increasing the level of incivility. Knowing your case will also enable you to present the required information and not guess work which is not the case with the aggressive lawyer who always rely on guess work and inappropriate information.
In conclusion, although some aggressive layers use aggressive tactics in representing unprivileged clients. This method is not the wright method and should be condemned with the strongest terms possible. Aggressive layers should face dispensary actions to eliminate this kind of behavior in courts. Courts should implement strict rules to prevent intimidation of the opposing counsel by this kind of lawyers. However, you should use the above discussed aggressive lawyer tips to deal with aggressive lawyers.