Opposing Counsel

• Author: John Hollander
• Pages: 99-111

opposing counsel

99

chapter six

Opposing Counsel

   from day one of law school to respect

judges: “Yes, Your Honour,” “May it please the court,”

“My client respectfully submits”: you know the drill.

Judges demand and appreciate respect. More importantly,

they respect professionalism.

You are usually not the only lawyer in the room.

Judges do not expect you to befriend your opponent, but

they do expect the case to proceed smoothly (be it a trial,

a motion, or a conference). is cannot happen unless

counsel get along with each other.

To get along requires some level of rapport. By all

means, compete. But do so civilly, respectfully. Keep your

eye focused on the goal — success for your client. Your

chances are improved if you avoid the distractions and

ineciencies that ow from discord between counsel.

As always, see things from the perspective of the audi-

ence. Here, the audience is the judge — not opposing coun-

sel. What will it take to make the judge’s job easier? How

can you appear professional to the judge? ese are the

keys to success, and one element of this success is to have

a professional relationship with your opposite member.