How to deal with bad lawyers
1. INTRODUCTION There seems to be an increasing need, expectation and emphasis on civility in our legal practice - - by our fellow lawyers, clients and the public. There is also an expectation, a demand by clients that from the beginning of their file we advocate fully, forcefully, fearlessly and sometimes fiercely on their behalf. To be civil, calm and courteous is seen by some clients and opposing counsel as cowardly, conceding, too cooperative and sometimes negligent. Mixed in with these often conflicting expectations of the lawyer is the attempt to limit the legal cost - - is the cost increased by taking a forceful adversarial approach, or is the cost increased by taking a civil, calm and courteous approach? Are there times on a file to be civil – for instance, at the outset? Are there times on the file to be the forceful adversary, the attack dog – for instance, upon attending Court? These often conflicting needs, expectations and demands, and the often confusing roles ...