While there are numerous articles on the virtues of practicing in a civil and professional way, it seems to me that most of those articles don't really say what is and is not a civil action to take.
Here is a list of actions that I have tried to follow over the years and which makes my life, and my opposing counsel's life, a lot easier. Of course, there are many more things one could do to litigate civilly. Thus, this article is an invitation to write to the Bar Bulletin to let us know what you think is a civil way to litigate.
Respect your opponent's vacation. If you respect theirs, they'll respect yours.
Do not unilaterally schedule depositions on Monday mornings or Friday afternoons. Said another way, respect each other's weekends.
Do everything humanly possible to avoid a motion to compel discovery responses. Conversely, do everything humanly possible not to invite a motion to compel. Everyone hates motions to compel, most of all judges.
If the opposing side is represented by counsel before you file suit, call them and ask if they will accept service. I have found that such an inquiry sets the tone for the entire suit.
Do not fax letters, motions, etc., after 5 p.m. on Friday demanding an answer on Monday morning unless you are presented with an emergency (a rare occurrence).
Pick up the phone and talk to your opponent. It isn't your fight, but your client's. Excessive emailing and letter writing only drives the cost of litigation up, up, up.
Thank your opponent for any and all professional courtesies shown to you, such as extensions of time on answering discovery requests, adjusting hearing times and depositions, etc.
Avoid personal insults on the phone and in letters/emails/briefs. Such statements do not further the suit and will only antagonize your opposing counsel.
Do not threaten or make bar complaints during litigation. It is generally the bar's policy not to decide complaints during active litigation. The reason is obvious: bar complaints should not be used as a strategic tool in a litigation.
Respond timely. If you cannot, say you can't and that you will get back to opposing counsel. n
Catherine Clark, of counsel for Fink & Krikorian, PLLC, may be reached at 206-282-0115 or cat@fklawpllc.com.
