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Criminal Defense & Plaintiff Advocacy Blog

DON’T DEMEAN OPPOSING COUNSEL

Try to avoid demeaning the opinion of opposing counsel. Even if you are right about the issue, if you tell them they are wrong in a demeaning way it may cause them to believe you should lose the issue or the case out of resentment. They may even make you jump through extra hoops to resolve the case or object to rescheduling a hearing out of spite. A nice, short, and simple statement as to why the law favors your side is much more effective. Remember Diplomacy Is a Form Of Advocacy.

Many attorneys will start yelling at opposing counsel as a substitute for weak arguments. Experienced attorneys will pickup on this fact.

Some attorneys yell at opposing counsel in hopes of intimidating them. Although this tactic may work with a new attorney, it is unlikely to work with more experienced ones. If you're just yell at opposing counsel instead of arguing the merits of your case an experienced attorney will notice you’re not arguing the merits of your case. The inference is going to be your case doesn't have any merits, or you don't know the merits of your case.

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Aaron Baghdadi