"Daily Battles over the Mundane"

topic posted Wed, December 26, 2007 - 4:39 PM by  Myrrhia
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Hi,

I am a relatively new attorney. A more seasoned attorney was mentioning to me that the daily battles over the mundane are a really draining part of professional life.

Right now I am a legal assistant, and I too have found them draining.

What I am talking about are petty discovery issues, refusals to grant extensions, bad faith answers, righteous letters that drip sarcasm, name calling, melt downs over calendaring, etc.

As a legal assistant, I get caught in the middle. The boss likes to use me, and the other attorney uses his paralegal, and then we all get to play "telephone."

I see it as a cycle that starts with a misunderstanding, and then turns into counterproductive vengefulness. My boss says that I am not seeing the big picture and that if we cave on even one little thing, then they will steam roll us.

How do you all deal with it? Smooth it over or rile it up? Can it ever be completely avoided?
posted by:
Myrrhia
SF Bay Area
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    Re: "Daily Battles over the Mundane"

    Tue, January 1, 2008 - 2:55 PM
    I don't answer to a boss, having my own practice.

    Generally, in dealing with opposing counsel, I follow the golden rule. I grant extensions and courtesies, the same ones that I would expect would be given to me. However, I let it be known that I will expect the same in return, if necessary. With some lawyers, the classier ones, this is understood. With others, you have to let them know you expect it to be a two way street.

    In time, you develop a sixth sense about which opposing counsel will be easy to get along with and which ones will be assholes.

    I try to avoid letting the assholes draw me into petty and unproductive fights over insignificant matters. That is not the big picture, in my view. If the other side wants to waste its time on petty stuff, that's their problem. I try not to let them make it my problem.

    I do have one pet peeve, though. Don't call me and ask me for an extension on the day something is due. If you don't even start working on discovery responses until the day they are due, for example, I know you are going to give me shitty, half assed responses even if I give you an extension, so no, you can't have one.

    No, this is not the fun stuff. It's work.