Two lawyers are representing opposing sides in a litigation matter. The plaintiff’s lawyer calls and asks the defendant’s lawyer to appear for the plaintiff ’s lawyer at a hearing — a status conference — in the matter. The plaintiff’s lawyer tells the defendant’s lawyer that she has two other appearances that day in different courts and just cannot appear at the hearing without great difficulty. She tells the defendant’s lawyer that she has tried to obtain a continuance of the hearing or permission to appear telephonically, but the judge has denied these requests.
“Attorneys should learn to accommodate requests by opposing counsel through means other than agreeing to special appearances.”
The defendant’s lawyer is skeptical about the motives of his opposing counsel. The plaintiff’s lawyer tells the defendant’s lawyer that, of course, he should not make any arguments on behalf of the plaintiff; all the defendant’s lawyer needs to do is make a special appearance for the plaintiff’s attorney so that the court will not sanction her. This form of appearance happens all the time, the plaintiff’s lawyer tells her counterpart. She wonders why he is so tentative. Indeed, she has made this type of appearance on numerous occasions. The plaintiff’s attorney further cajoles the defendant’s attorney by saying that all she wants is a small professional courtesy, which she will not forget. What should the defendant’s lawyer do?…Read more