When dealing with lawyers, one of the most common intimidation tactics that can cause havoc is speed. Speeding up the case is an effective intimidation tactic used by lawyers who aren’t interested in the case or who want to settle it as quickly as possible. Lawyers who take contingency payment methods tend to wind up cases quickly, which is a common tactic used by lawyers to intimidate clients. There are ways to avoid this, however.
Bullying by lawyers
There are many reasons to seek legal counsel when a child has been bullied. Bullying can be extremely harmful to a child’s development and can have negative effects on his or her family, school, and community. While some forms of bullying are illegal, others are simply harmful. Examples of bullying include attacks on race, religion, sexual orientation, weight, status, or disability. Bullying can also take the form of verbal abuse, including harming the victim in public. The effects of bullying can range from a positive effect on a person’s self-esteem to more serious issues like mental illness and even suicide.
One recent case shows the rise of a ‘win at any cost’ mentality among larger law firms. As a result, individuals in these firms fabricate evidence, lie to judges, and even send anonymous threats to opposing witnesses. In addition, the Law Society of Upper Canada and other legal organizations cover up bullying and attack lawyers who stand up against it. Whether or not such behavior is tolerated in law firms is another matter.
Bullying by opposing counsel
Attorneys who use bully-like tactics to intimidate clients may have had a favorable outcome, but this tactic may backfire in some cases. While it’s perfectly normal to feel uncomfortable and defensive when you’re undercut by opposing counsel, it’s important to remember that this type of behavior is not appropriate in every case. In addition to being offensive, lawyer intimidation tactics can also lead to negative self-perceptions.
In the case above, the bully used an aggressive tone to intimidate a mediator, but the victim wasn’t prepared and caved. It’s best to take action before the bully becomes aggressive. By doing so, the victim can use the strength of her numbers to get the better of the bully. If you’re the bullied party, it’s best to find a team member who can help you build a strong factual case against the bully. Having a few witnesses is also recommended.
Cross-examination by bullies
One of the best ways to avoid cross-examination by attorneys is to be well prepared. An attorney will prepare for cross-examination by identifying key points and areas for coverage, then he or she will ask the witness questions that are beneficial to the attorney’s case. The opposing attorney knows that the witness is not looking to assist the attorney in winning the case, so the attorney will use intimidation tactics to manipulate the witness’s answers.
To counter this tactic, you should try to prepare by making a list of questions you know the answer to, and then organize the cross-examination to frontload helpful information and backload critical information. In addition, you should have a list of questions that may hurt the witness’ credibility. After all, a cross-examination is just a form of interrogation, and your goal is to gain the most information possible.
Extensive communication with bullies
Intimidation by a bully often involves repeated contact between the victim and the perpetrator, insufficient evidence, and an attempt to persuade the victim to stop the bullying. Bullies have little control over victims, so the most effective response is to recognize the harmful behavior, and to create a safe environment for the victim. In situations where a victim is a target of bullying, it is important to seek help from psychologists or counselors.
The bully male opposing counsel should be scrutinized to determine whether the conduct was justified. If it is, it should be reported to the Bar. Filing a bar complaint against a bully attorney may be beneficial, but it is not necessary. If a client feels the bully attorney is a poor lawyer, the complaint should be filed early in the case, before the hearings, before trial, or after the case is closed. A bar complaint filed by an angry opposing client may encourage the bully to stop the bullying behavior in the future.
