A few weeks ago, I was handling a hearing of a type of case that I frequently handle. These cases tend to be pretty easy, as they usually aren’t very contentious because both parties tend to want similar things. Opposing counsel was a court appointed attorney – the same attorney they always appoint to handle these matters. He’s a nice guy who knows this area of the law very well, and because he specializes in these types of cases, he tends to kind of bulldoze whoever he’s working with. I’ve noticed this on several occassions since I’ve been watching him in action. People always kind of just go along with him because they know that he knows more than they do.
I have always gone along as well. He really does know a lot more about I do in this particular area of the law. Law is a field where experience really is king. The longer you practice, the more unique situations you find yourself in. The attorney in this case had stipulated to a medical statement (meaning he had promised not to object when I offered a medical statement that was hearsay and lacked a proper foundation). It’s nice to have medical stipulated to, because then you don’t have to bring in a doctor to testify to things that he already wrote down in interrogatories. It’s a nice courtesy for everyone involved in these cases.
Right before the hearing was set to begin, this attorney came up and essentially said, “since I stipulated to your medical, you have to stipulate to mine.” He was referring to medical that I’d never seen and didn’t know about. The nature of the medical would potentially have changed the entire case.
I told him that I wanted to see the medical and that I wasn’t sure whether I was willing to stipulate to it or not. He’s the kind of guy that hates to be disagreed with. He’s used to people doing anything he told them to do with regard to these cases. He looked angry and told me he was going to object to my medical. I replied that if that were the case I was going to go to the judge, explain to her that I had believed that the medical was stipulated to when preparing for this case, and ask for a continuance. He then replied that if that was the case, he’d get his medical in as impeachment evidence through my doctor. I replied that we may have to do it that way. He stormed off in a huff.
I was left holding the medical. I read through it, and realized that it’s admission would raise a legal issue that would adversely affect his client. Upon this realization, I walked over to where he was, told him that I wouldn’t object to the admission of the statement, but that it was contrary to his client’s interest to have it admitted. He read through the medical again and nodded, because he knew I was right. We asked the judges clerk if we could talk to her in chambers, sorted the thing out, then proceeded with the hearing.
After the hearing, he came up to me and shook my hand. He said, “I was just telling x that I’m really surprised at what a hardass you turned out to be.” I laughed a little and said, “I wasn’t trying to be…” He shook his head and smiled, “No, I mean it in a good way – you did a good job.” The interesting thing about this exchange was that I had always wanted this person to like me, and I never really felt like he did. I don’t think he’s ever disliked me, of course, he just didn’t feel one way or another about me.
I have no idea whether he likes me or not. I do know that he respects me now. I feel like he looks at me a little differently because I stood my ground and represented my client when he was trying to push me. I think I have a fairly cooperative personality. I try to go along with things whenever I can (although I can be very stubborn if someone tries to push me). I want people to like me and I try to be a nice guy. In my professional life, though, I’d rather be respected than liked. I’d prefer to have both, but if I can only have one, give me the respect. Getting that respect from people means sometimes you have to disagree with them. Of course, there’s a time to be agreeable in your career as well. You have to pick your battles. As long as people know that backbone is there, they won’t try to take advantage of you. Thanks for reading.
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