In working with newer lawyers, my advice for handling any type of litigation, whether it is complicated, simple, or contentious, is always to pick up the phone and call the other side. Yet, many lawyers are still deterred from calling counsel and instead revert to written communication.
I understand the hesitation – it can be terrifying to address opposing counsel, especially if you are new to the practice of law. We spend all of law school learning to draft well thought out explanations of our cases, but we spend little time learning how to navigate day-to-day communication with the other side. We feel safe behind our keyboards where we can re-read our responses for accuracy and precision. And opposing counsel’s written communication can often be off-putting or sometimes just nasty. Who wants to call someone who uses the words “vigorously defend” in their communication?
However, I’m here to encourage you, the reader, to avoid the battle of the keyboards and pick up the phone to address opposing counsel directly. Here are some of the reasons why I always encourage lawyers to call counsel, especially in contentious litigation: