Dealing with any type of litigation is often stressful and daunting, this is especially the case when faced with aggressive defence counsel. Many lawyers and their clients have come across difficult lawyers on the other side who make threats, demonize the client, attempt to control all aspects of a case, do not budge on deadlines, or provide professional courtesies, or are simply rude to other lawyers and their staff. While difficult defence lawyers may use these tactics to gain an advantage for their clients, it is often not the best approach. With the right guidance and strategies in place, you can effectively handle difficult defence lawyers while pursuing rightful compensation.
So, what should you do if you encounter difficult defence counsel?
- Be prepared and know the case inside out: Difficult defence counsel often take an aggressive approach to distract a lawyer from effectively representing their client. Before engaging with defence counsel, ensure you have a detailed understanding of your client’s rights and the facts of the case. It is important to familiarize yourself with the laws and how they interplay with the facts of the case at hand. Being well prepared empowers you to effectively respond to any arguments presented by the difficult lawyer.
- Communicate clearly: Responses to difficult defence counsel should remain clear and concise. It is imperative to avoid emotional responses and unnecessary arguments, no matter how much defence counsel may bring them up. Stick to the facts and the law of the case and articulate those in a composed manner.
- Stay cool and be professional: Defence counsel takes an aggressive approach in order to rattle you or to throw you off track from the case at hand. Maintaining a calm and professional demeanor is crucial. Not only is it the right thing to always be professional, maintaining your composure strengthens your position in courtroom proceedings and enhances your credibility.
- Document everything: Keep detailed records of your attempts to cooperate, schedule dates, and any correspondence with the difficult lawyer. There is a chance that a court may be called upon to intervene when dealing with difficult defence counsel.
- Stay patient and pick your battles: Resolving a personal injury claim can be a lengthy process, which may be further extended by difficult defence counsel. Trust in your legal team’s expertise and remain committed to pursuing justice. Persistence often pays off in getting you a fair settlement for your injuries.