Small Law Firms

Angrily Hanging Up The Phone On Opposing Counsel -- Good Idea Or Bad Idea?

I just did something that I have only done, counting this time, three times in my decade old legal career.

By  
on

Angry man phoneIt’s spring time. The snow, provided it exists in the hypothetical world in which I reside and the actual world in which you reside, has already or is in a near final state of melting. Birds are chirping, the baseball season has begun in earnest, and the joy of natural rejuvenation has returned. This all means that for whatever reason I have entered a bit of a malaise about my job.

I’m pretty sure I’m not the only one who around this time of year takes a moment for reflection on our chosen occupations — or more specifically, on the crappiness of dealing with almost constant conflict. For me, right now it’s not an aversion to conflict per se, it’s dealing with what seems to be the utter absence of value or societal benefit in resolving these, seemingly, petty and intractable conflicts that provide me income. I guess, perhaps, I’m having a hard time devoting much intellectual steam to resolving these conflicts when the world seems to have many more important and existential conflicts in need of resolution. I wonder why I’m not really doing anything about those conflicts, or whether my energy and skills could better be devoted to resolving them. I suppose there’s a certain level of narcissism involved in believing that I could assist in resolving them. Nevertheless, and I don’t know why, but this year I’m having a hard time not letting this seep into my work and into my attempts to resolve the conflicts for which I get paid.

I just did something that I have only done, counting this time, three times in my decade old legal career. I hung up on another attorney. The first time, the guy was not really an attorney, and I seriously can’t remember who hung up on whom. The second time involved a ridiculous local attorney with whom hang-ups tend to be a necessary component of a negotiation strategy. I was simply mirroring his behavior and it troubles me very little that I did so, because he had hung up on me dozens of times prior to and subsequent to that. Also, as a result of that hang up I enhanced my client’s position. However, the recently occurring time number three troubles me.

Now, to be fair, the other attorney did something that I find super annoying. It’s a simple breach of contract/collection case. My client provided services, properly invoiced the other company for the services, and while the party-opponent conceded at some point that it was responsible for the services and had paid several prior invoices for the previous services, they didn’t pay the final invoice and complained about services. I had written inquiring whether we could discuss pre-litigation resolution of the matter. Rather than simply write back, Opposing Counsel indicated that we should talk about resolution via telephone. On the phone call, Opposing Counsel proceeded to go through a doomsday counterclaim scenario belied by the facts of the case or any genuine picture of reality. I said, “we obviously have different factual pictures of the case, are we going to talk about resolution?” Opposing Counsel then went on to further discuss the strength of their position. I said, “call me if you want to make an offer” and hung up the phone.

From my perspective telephone calls with other attorneys are moments to put aside the posture of our pleadings and written correspondence, and speak frankly about resolving conflicts. There’s plenty of time to dicker about factual disputes, but the candid pre-litigation telephone call is not that time. I don’t know, maybe I’m wrong. And if past performance is at all indicative of future results, you’ll tell me if I am. In reflection, hanging up the phone was not appropriate. The other attorney, like me, was just doing their job. Who knows what springtime existential crisis about that job they too were working through? My springtime doldrums will pass. Meanwhile, don’t call me.

Atticus T. Lunch, Esq. is an attorney in Any Town, Any State, U.S.A. He did not attend a top ten law school. He’s a litigator who’d like to focus on Employment and Municipal Litigation, but the vicissitudes of business cause him to “focus” on anything that comes in the door. He can be reached at atticustlynch@gmail.com or on Twitter

Sponsored

Topics

, , ,