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A-hole attorneys

What do you do when you encounter an attorney who won't agre legalbeagle05/09/17
I've found that what comes around goes around. Inevitably, t ejs201705/09/17
If someone is intent on being an a-hole, I try the "hey, I g jd4hire05/09/17
Judges usually take a pretty dim view of that sort of behavi anothernjlawyer05/09/17
so should i refuse to give him more time, if he says that he legalbeagle05/09/17
If I'm reading this correctly, there's a motion on calendar 2breedbares05/09/17
i told him that i am submitting the papers late, and that i legalbeagle05/09/17
In my JX, it's not preferable, but if there's a reason you m sjlawyer05/09/17
You guys practice in truly genteel jurisdictions. I can't im 2breedbares05/09/17
The Court considers the late filings (like briefings) anyway sjlawyer05/09/17
In my jurisdiction these are routinely agreed to even if the ruralattorney05/09/17
Request an extension of time from the Court, either by lette anothernjlawyer05/09/17
I think the OP failed to file an opposition by a certain dat clocker105/10/17
legalbeagle (May 9, 2017 - 10:58 am)

What do you do when you encounter an attorney who won't agree to an adjournment and even threatens with requesting that the judge deem his motion unopposed, even though you are the one offering it because you are serving opp papers a little late and thought it would be courteous to grant them more time to reply?

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ejs2017 (May 9, 2017 - 11:22 am)

I've found that what comes around goes around. Inevitably, this attorney will need a break from you.

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jd4hire (May 9, 2017 - 11:50 am)

If someone is intent on being an a-hole, I try the "hey, I get we're adversaries and are opposed in our views and positions, I've found that it serves both your client and mine's interests if we can be courteous on certain things." I lay this out normally after a jerk move. If they continue on their course, I do what I can to make their life difficult.

At the outset of practicing, my father encouraged me to get an index card box and just file away a card with a person's name and the jerk act they did. He said it will provide for funny memories, but also keep track of those on your sh*t list.

And seriously, why the extreme restriction on profanity here?

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anothernjlawyer (May 9, 2017 - 11:51 am)

Judges usually take a pretty dim view of that sort of behavior.

Take the high road and don't worry about it. Let him make an a** out of himself arguing that he should win automatically.

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legalbeagle (May 9, 2017 - 12:05 pm)

so should i refuse to give him more time, if he says that he will still seek that the court deem his motion unopposed even after granting him more time? i only see him screwing himself here...i should mention that i did sign a stipulation agreeing to provide the papers by a certain date, and due to other circumstances couldn't actually do it by then.

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2breedbares (May 9, 2017 - 12:16 pm)

If I'm reading this correctly, there's a motion on calendar that opposing counsel filed. You signed a stip saying you would provide an opposition by a certain date. You did not filed the opposition by a certain date. And then you "offered" to vacate the motion hearing?

If that reading of this post is correct, I'm not sure opposing counsel is in the wrong here. But I am likely misinterpreting things.

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legalbeagle (May 9, 2017 - 12:20 pm)

i told him that i am submitting the papers late, and that i would have no opposition in stipulating to adjourn the motion date for an additional week or two so he can have time to submit a reply.

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sjlawyer (May 9, 2017 - 12:33 pm)

In my JX, it's not preferable, but if there's a reason you must file late (like a family emergency took you away from the briefing schedule or something) and your adversary won't consent, you can contact the court (some judges require a motion, others will just do a conf. call or something after a letter from counsel).

However, also in my JX, it is not uncommon (but obviously bad practice) to file late. So, if you don't have a good reason, I'd suggest just filing your oppo asap.

My guess is, this guy isn't trying to be discourteous, but if you failed to file, his client isn't going to let him consent unless it's truly pointless. And even then, some clients dgaf.

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2breedbares (May 9, 2017 - 1:36 pm)

You guys practice in truly genteel jurisdictions. I can't imagine a situation where I'd allow a late filing or late discovery responses (unless previously agreed upon).

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sjlawyer (May 9, 2017 - 2:45 pm)

The Court considers the late filings (like briefings) anyway, so generally the argument is moot. However, some deadlines, like trial dates and SOL provide hard and fast deadlines, so not everything is easy.

However, yes, it is generally pretty flexible.

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ruralattorney (May 9, 2017 - 2:57 pm)

In my jurisdiction these are routinely agreed to even if there was no prior agreement.

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anothernjlawyer (May 9, 2017 - 2:16 pm)

Request an extension of time from the Court, either by letter or motion if necessary. Just indicate that your adversary does not consent.

If you have a good reason for needing a brief delay, he'll look stupid when he screams and cries about it.

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clocker1 (May 10, 2017 - 12:01 am)

I think the OP failed to file an opposition by a certain date. Depending on latenesses, maybe A-hole is advocating for his client, especially if A-hole has a bad case.

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