Shook, Hardy & Bacon Global Product Liability Chair Walt Cofer is quoted in an article titled “What to Do When Opposing Counsel Is a Jerk,” appearing in the June 25, 2014, issue of Law360. While he usually gives an attorney the benefit of the doubt and tries to address any misunderstandings informally, Cofer said, “[Y]ou do become wary at some point. And when that happens, make sure you paper the record, confirm agreements in writing, or on the record. Essentially, you proceed in a more formal way than you would otherwise.”
He also recommended following up phone calls with an email to create a record of the discussion and any agreements. He observed that bad behavior in the courtroom does not go unnoticed: “People get fed up with it. Trials are high stress. There’s a lot of work on everyone’s part, and if the court personnel and the judge perceive that one side is trying to be courteous and professional and act in good faith, and the other side isn’t, it never benefits the person who’s being difficult.” To read the article, please click here.