Lawyers often deal with acrimonious matters that involve opposing sides who have disdain for each other. Sometimes, clients may want their lawyers to have a negative relationship with their adversaries since opposing counsel represents a party that a client may not like, and a client may see an opposing party’s lawyer as an extension of the other party. However, maintaining good relationships with opposing counsel is important to reaching solid outcomes to legal matters, and a client should not mind if their lawyer has a solid relationship with the attorney from another party to a case.
I have always tried to maintain solid ties with adversaries. Connections with opposing counsel have only broken down in a few instances in my career, and this was almost entirely due to the actions of an adversary. Even in such instances, I have always tried to mend the relationship whenever possible, since I understand the benefits that can be realized by having a solid connection with other lawyers to a matter.
However, some lawyers fear having solid ties to opposing counsel since this might impact the perceptions of clients. For instance, earlier in my career, I handled numerous cases related to a given mass tort, and I regularly traveled for work with other lawyers who were also involved in the same mass tort matter. I usually organized dinners and other social outings for the lawyers who were on the road, since it was lonely to be away from home, and traveling was more fun when the lawyers got together after work hours.
On numerous occasions, I invited opposing counsel to such dinners, and this added to the fun of those nights. It was interesting going head-to-head with opposing counsel at depositions and then relaxing at dinner and other social occasions during the nights we were away from home. Often, I took a group picture of the people who got together as such dinners. During one such group dinner, a lawyer from a different geographic area than mine, and who I did not interact with much, refused to be in the picture since he worried he might get in trouble if the client saw him at dinner with opposing counsel.
This struck me as somewhat strange. Not only was it unlikely that a client would see a given picture with opposing counsel (although this is not outside the realm of possibility given the social media contacts clients have with attorneys) but clients should appreciate that a lawyer is trying to connect with opposing counsel. This position definitely added some conflict to our night out, and being in the same picture with opposing counsel should be a nonissue.
Another time in my career, I handled a bitter dispute between family members who absolutely hated each other. My client said numerous negative things about another party to the case, and I got the sense that my client wanted me to join in and bash the opposing party. My client’s ire was also directed to this other party’s lawyer, likely because my client viewed opposing counsel as an extension of the other party to the case who my client detested. This client said a number of bad things about opposing counsel, including his competency and even how he looked. I got the sense that my client wanted me to join in with the negative remarks in order to solidify my client’s position.
However, I did not. I told my client that opposing counsel is a good guy and a talented lawyer. I politely advised that opposing counsel was just doing his job, and representing this other party to the case was not an endorsement of what the opposing party had done. Even though my client was not really satisfied with my response, I am happy that I did not add to the cycle of negative energy that infected that matter.
In any event, clients should not mind if their lawyers have solid relationships with opposing counsel since this can make it easier for lawyers to obtain favorable results. Lawyers shouldn’t feel pressured to show animosity toward opposing counsel simply because a client has a negative perception of a lawyer because of who they represent.
Jordan Rothman is a partner of The Rothman Law Firm, a full-service New York and New Jersey law firm. He is also the founder of Student Debt Diaries, a website discussing how he paid off his student loans. You can reach Jordan through email at jordan@rothman.law.
