Resonance in the Practice of Law, Part Two: Opposing Counsel
The relationship with opposing counsel is one of the most important working relationships in litigation.
It is also one of the easiest to misunderstand.
Opposing counsel is not our ally in the ordinary sense. They may be advancing a position we consider unfair, unrealistic, poorly supported, or directly harmful to our client’s interests.
But opposing counsel is still part of the functioning of the file. How counsel communicate, narrow issues, exchange information, schedule steps, and deal with practical problems can affect the cost, speed, and quality of the process.
It should not be romanticized. But it should not be ignored.
