Empathy List Archives

BP

Bruce Partington

Wed, Jun 19, 2013 9:49 PM

First pick up the phone and call him/her personally to discuss. Sometimes busy people have lots of legitimate conflicts. And sometimes lawyers' staffs can be difficult or overly protective.

If that doesn't work get multiple dates and offer him/her a choice. Offer in writing or email very cordially. "I know you are very busy....."

If no luck or response then warn them that you will just set it if they continue to be unresponsive and give a definite deadline. If no response then, set the hearing on one of the times offered and be prepared at the hearing to discuss scheduling.

Bruce D. Partington
Bpartington@cphlaw.com
850.432.1399

Mark Young myoung@younglaw.info wrote:

How do you deal with difficult counsel who are never available for a hearing, when you attempt to coordinate hearing dates?

First pick up the phone and call him/her personally to discuss. Sometimes busy people have lots of legitimate conflicts. And sometimes lawyers' staffs can be difficult or overly protective. If that doesn't work get multiple dates and offer him/her a choice. Offer in writing or email very cordially. "I know you are very busy....." If no luck or response then warn them that you will just set it if they continue to be unresponsive and give a definite deadline. If no response then, set the hearing on one of the times offered and be prepared at the hearing to discuss scheduling. Bruce D. Partington Bpartington@cphlaw.com 850.432.1399 Mark Young <myoung@younglaw.info> wrote: > > >How do you deal with difficult counsel who are never available for a hearing, when you attempt to coordinate hearing dates? > > >

ST

Steve Thompson

Thu, Jun 20, 2013 2:10 PM

Great approach. If you keep getting stonewalled I recommend politely
advising opposing counsel at some point that you intend on bringing copies
of the correspondence between you to any hearing on a motion to compel. Of
course you should make sure EVERY e-mail from you to them is professional
and written as if the Judge were looking over your shoulder. This usually
gets some kind of response.

Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824

THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS
WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU.

From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce
Partington
Sent: Wednesday, June 19, 2013 5:50 PM
To: Mark Young
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Dealing With Difficult Counsel

First pick up the phone and call him/her personally to discuss. Sometimes
busy people have lots of legitimate conflicts. And sometimes lawyers'
staffs can be difficult or overly protective.

If that doesn't work get multiple dates and offer him/her a choice. Offer
in writing or email very cordially. "I know you are very busy....."

If no luck or response then warn them that you will just set it if they
continue to be unresponsive and give a definite deadline. If no response
then, set the hearing on one of the times offered and be prepared at the
hearing to discuss scheduling.

Bruce D. Partington
Bpartington@cphlaw.com
850.432.1399

Mark Young myoung@younglaw.info wrote:

How do you deal with difficult counsel who are never available for a
hearing, when you attempt to coordinate hearing dates?

Great approach. If you keep getting stonewalled I recommend politely advising opposing counsel at some point that you intend on bringing copies of the correspondence between you to any hearing on a motion to compel. Of course you should make sure EVERY e-mail from you to them is professional and written as if the Judge were looking over your shoulder. This usually gets some kind of response. Steven F. Thompson, Esq. Thompson & Brooks 412 E. Madison St., Ste 900 Tampa, Fl. 33602 813-387-1821 Fax 813-387-1824 THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR; AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU. _____ From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce Partington Sent: Wednesday, June 19, 2013 5:50 PM To: Mark Young Cc: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Dealing With Difficult Counsel First pick up the phone and call him/her personally to discuss. Sometimes busy people have lots of legitimate conflicts. And sometimes lawyers' staffs can be difficult or overly protective. If that doesn't work get multiple dates and offer him/her a choice. Offer in writing or email very cordially. "I know you are very busy....." If no luck or response then warn them that you will just set it if they continue to be unresponsive and give a definite deadline. If no response then, set the hearing on one of the times offered and be prepared at the hearing to discuss scheduling. Bruce D. Partington Bpartington@cphlaw.com 850.432.1399 Mark Young <myoung@younglaw.info> wrote: How do you deal with difficult counsel who are never available for a hearing, when you attempt to coordinate hearing dates?

MD

Michael D. Randolph

Thu, Jun 20, 2013 3:14 PM

If you cannot get it resolved, many circuits have a Professionalism Committee to address this type of an issue - I am current chairman of the 20th Circuit's Professionalism Committee. Also, the Supreme Court recently addressed this in the attached.

Mike

From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Steve Thompson
Sent: Thursday, June 20, 2013 10:11 AM
To: 'Bruce Partington'; 'Mark Young'
Cc: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Dealing With Difficult Counsel

Great approach. If you keep getting stonewalled I recommend politely advising opposing counsel at some point that you intend on bringing copies of the correspondence between you to any hearing on a motion to compel. Of course you should make sure EVERY e-mail from you to them is professional and written as if the Judge were looking over your shoulder. This usually gets some kind of response.

Steven F. Thompson, Esq.
Thompson & Brooks
412 E. Madison St., Ste 900
Tampa, Fl. 33602
813-387-1821
Fax 813-387-1824
THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL
AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED
RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION
IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE
AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR;
AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT
BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE
SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER
DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS
WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Wednesday, June 19, 2013 5:50 PM
To: Mark Young
Cc: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Dealing With Difficult Counsel
First pick up the phone and call him/her personally to discuss. Sometimes busy people have lots of legitimate conflicts. And sometimes lawyers' staffs can be difficult or overly protective.

If that doesn't work get multiple dates and offer him/her a choice. Offer in writing or email very cordially. "I know you are very busy....."

If no luck or response then warn them that you will just set it if they continue to be unresponsive and give a definite deadline. If no response then, set the hearing on one of the times offered and be prepared at the hearing to discuss scheduling.

Bruce D. Partington
Bpartington@cphlaw.com mailto:Bpartington@cphlaw.com
850.432.1399

Mark Young myoung@younglaw.info mailto:myoung@younglaw.info> wrote:
How do you deal with difficult counsel who are never available for a hearing, when you attempt to coordinate hearing dates?

Michael D. Randolph
Board Certified in Construction Law
GrayRobinson, P.A.
8889 Pelican Bay Boulevard, Suite 400

Naples, FL 34108

Main: 239-598-3601 | Fax: 239-598-3164

Email: michael.randolph@gray-robinson.com

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

If you cannot get it resolved, many circuits have a Professionalism Committee to address this type of an issue - I am current chairman of the 20th Circuit's Professionalism Committee. Also, the Supreme Court recently addressed this in the attached. Mike From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Steve Thompson Sent: Thursday, June 20, 2013 10:11 AM To: 'Bruce Partington'; 'Mark Young' Cc: clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Dealing With Difficult Counsel Great approach. If you keep getting stonewalled I recommend politely advising opposing counsel at some point that you intend on bringing copies of the correspondence between you to any hearing on a motion to compel. Of course you should make sure EVERY e-mail from you to them is professional and written as if the Judge were looking over your shoulder. This usually gets some kind of response. Steven F. Thompson, Esq. Thompson & Brooks 412 E. Madison St., Ste 900 Tampa, Fl. 33602 813-387-1821 Fax 813-387-1824 THE ABOVE MAY CONTAIN OR CONSTITUTE A CONFIDENTIAL AND PRIVILEGED COMMUNICATION. IF YOU ARE NOT THE INTENDED RECIPIENT, OR IF YOU HAVE OTHERWISE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY THE OFFICE OF THOMPSON & BROOKS BY TELEPHONE AT (813) 387-1821 [collect] AND INFORM THE OFFICE OF THE ERROR; AND PLEASE DESTROY OR DELETE THIS MESSAGE. THIS MESSAGE MAY NOT BE REVIEWED, PRINTED, DISPLAYED, OR RE-TRANSMITTED WITHOUT THE SENDER'S CONSENT. ALL RIGHTS PROTECTED. THERE MAY BE NO FURTHER DISTRIBUTION OR PUBLICATION OF THIS COMMUNICATION OR ITS CONTENTS WITHOUT THE EXPRESS CONSENT OF THOMPSON & BROOKS. THANK YOU. ________________________________ From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce Partington Sent: Wednesday, June 19, 2013 5:50 PM To: Mark Young Cc: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Dealing With Difficult Counsel First pick up the phone and call him/her personally to discuss. Sometimes busy people have lots of legitimate conflicts. And sometimes lawyers' staffs can be difficult or overly protective. If that doesn't work get multiple dates and offer him/her a choice. Offer in writing or email very cordially. "I know you are very busy....." If no luck or response then warn them that you will just set it if they continue to be unresponsive and give a definite deadline. If no response then, set the hearing on one of the times offered and be prepared at the hearing to discuss scheduling. Bruce D. Partington Bpartington@cphlaw.com<mailto:Bpartington@cphlaw.com> 850.432.1399 Mark Young <myoung@younglaw.info><mailto:myoung@younglaw.info>> wrote: How do you deal with difficult counsel who are never available for a hearing, when you attempt to coordinate hearing dates? Michael D. Randolph Board Certified in Construction Law GrayRobinson, P.A. 8889 Pelican Bay Boulevard, Suite 400 >Naples, FL 34108 Main: 239-598-3601 | Fax: 239-598-3164 Email: michael.randolph@gray-robinson.com This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.