Getting Along With Other Lawyers
John Day of Day On Torts offers some good tips on the proper way to memorialize conversations with other lawyers. Among other things, write objectively, repeat your understanding of the agreement accurately, and if you can’t remember what was discussed, admit it. Then, give your adversary a chance to make corrections.
All of Day’s advice should be common sense, of course. Unfortunately, it’s not. But if you follow Day’s tips, you can protect your clients’ interests and minimize the stress and distrust in dealing with other lawyers.
Sage advice. I always follow important lawyer, client and expert conversations or meetings with letters or emails that set forth any agreements, action steps or vital information discussed. Ultimately, it makes life much easier, even if it takes a little extra time each day.
I have run across plenty enough lying opposing counsel that I have made it a rule generally to handle any communications with any opposing counsel with whom I have not worked before, except in writing. Saves lots of time.