Burr & Forman

09.7.2017   |   Articles / Publications

American Banking Institute: Don’t Tug on Superman’s Cape

What should you do when opposing counsel is acting like a jerk? Unless the conduct or action is egregious, in bad faith, and demonstrably harmful to your client, you generally should do nothing. Grow thicker skin. This is because most conduct endured by courts and litigants is not covered by a specific sanctions statute or rule, and most judges dislike sanctions motions as much if not more than discovery motions. They don’t relate to the merits; they don’t move the case forward, and they usually make both attorneys look like disgruntled children.

Read the full article, “Don’t Tug on Superman’s Cape” written by Madison L. Conquest.

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