Dealing with Difficult Litigants (and How Not to Be One Yourself)

Shocking revelation: Lawyers and litigants drive each other crazy! And sometimes we all roll in the mud, forgetting that it gets us just as dirty.

Almost every attorney has had a case with someone who pushed them over the edge.

If you have litigated, you have stories, scars, and people you just don’t trust.

Sometimes the fights aren’t even verbal; a few years ago, lawyers in my courthouse actually had a fistfight in the hall.

A real fistfight. In the courthouse.

Judges aren’t immune to incivility, either. I once briefed an appeal (and ultimately got the judge reversed) where the trial judge sent the lawyers emails with clipart of clocks growling that they wasted a lot of time. Other judges use snarling to manage their courtrooms.

But you probably also know lawyers and judges who are legitimately kind.

I know of one judge (now retired) who prayed for patience each day before taking the bench. Think what you will, but he was universally loved as a patient jurist.

Another lawyer I know unfailingly foregoes the quick win, in search of a solution that will end the litigation better for the client (and incidentally the other side, too).

When you are faced with a difficult lawyer, judge, or litigant, don’t take the bait. You can be a good advocate and a good person.

P.S. What tales of kindness (or legal horror stories) do you have?

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