[CLC-Discussion] Dealing With Difficult Counsel

Thu Jun 20 08:14:05 PDT 2013

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 at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Steve Thompson
Sent: Thursday, June 20, 2013 10:11 AM
To: 'Bruce Partington'; 'Mark Young'
Cc: clc-discussion at 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
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________________________________
From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Wednesday, June 19, 2013 5:50 PM
To: Mark Young
Cc: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at 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 at cphlaw.com<mailto:Bpartington at cphlaw.com>
850.432.1399

Mark Young <myoung at younglaw.info><mailto:myoung at 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 at gray-robinson.com

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