Trial Magazine

Zealously advocating for your client shouldn’t preclude you from fostering strong working relationships with defense counsel. In fact, in my experience, attorneys who work well with the other side do the most good for their clients.

Be courteous. If there is no reason to fight about ­something, then don’t. If you’re concerned that your client will see pleasantness to the other side as ­weakness, talk to your client about your strategy before a deposition or any other interaction when defense counsel will be present. The other side is more likely to cooperate if you and your client actively work to be cordial.

Check all work. Check both your own work and opposing counsel’s work. For example, if you are working on multidistrict litigation and you realize that opposing counsel has filed a pleading in the case-specific docket rather than the general docket, reach out and let counsel know before they find out from the clerk of court. Avoiding any technical problems benefits both sides, and pointing out any issues will generate goodwill with both opposing counsel and the court.

Over time, this approach will benefit your clients and earn respect for your firm, especially if you regularly interact with the same defense firms.

Find common ground. Look for high-quality CLE programs in your practice area where both the plaintiff and defense bars attend and interact on issues that matter to both sides. Earlier this year, I was asked to present the plaintiff perspective on an ethics issue at a CLE program. In preparation for the panel, I had multiple phone conferences with the lawyer providing the defense perspective. During these conversations, we found common ground, and the differences in our perspectives came together in a focused and thoughtful presentation. Understanding and engaging the other side ultimately makes you a better advocate for your clients.

Sara Schramm is an attorney at Blasingame, Burch, Garrard & Ashley in Athens, Ga. She can be reached at sschramm@bbga.com.