FEATURE
TAKE YOUR ADVERSARY TO LUNCH
Richard Caplan
LeClairRyan
[email protected]
There are many ways being a law-
yer can be stressful. Two come im-
mediately to mind for me. First,
one has to have a fulsome grasp
of the facts and the ever-changing
law that are relevant to your case,
demanding attention to detail that
requires constant upkeep. Every-
one in this profession signed up
for that. Second, one has to deal
with opposing counsel. There are
occasions—too few, it often feels
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like—where opposing counsel work
well together, and, while remaining
zealous advocates for their clients,
also remain cordial, professional,
“There are too many occasions
where the relationship between
opposing counsel breaks down.”
and cooperative with each other.
But there are too many occasions
where the relationship between op-
posing counsel breaks down. When
this happens, it can make working
on a case a painful proposition. And
it is bad not only for the relationship
between the attorneys themselves.
It may well have an impact on the
resolution of the case itself.
The scenario is too familiar. A dis-
covery dispute emerges in your
case. You receive an email that you
believe not only to be inaccurate,
but to be written in a nasty tone.
Your response ups the ante. After
a few more emails back and forth,
all of course eventually attached
to a motion to the court, counsels’
hardened positions on a small issue
that could have been handled with a
call or meeting have resulted in bit-
ter feelings that permeate the entire
case and what is left of a working
relationship.
It does not have to be this way. At-
torneys can and should understand
that we do not need to jettison pro-
fessionalism and civility to perform
our jobs well.
14 May 2017
In an effort to foster that under-
standing, the Atlanta Bar’s Litiga-
tion Section began its Take Your
Adversary to Lunch program in
1997. (Coffee or drinks would suffice
as well.) This year, as in the past,
the section further incentivized
participation by holding a draw-
ing and awarding gift cards. This
year’s winners of Buckhead Life
Gift Cards were Kevin O’Sullivan
and Steven Wagner ($200); Daniel
Park and Alex Barfield ($150); my-
self and Nick Protentis ($100); and
Erin Krinsky and Matthew Her-
rington ($50). I was not informed
until after winning that doing so
also required a brief article from
me on the event, although I would
not have changed a thing.
As noted, I went to lunch with Nick
Protentis, a plaintiff’s attorney at
Miller & Bonham. Nick and I are
on opposite sides of a product li-
ability case filed in February 2015.
Because the case is still technically
active I will not go into details. But
suffice it to say that, and do not be
shocked, reader, but discovery got
a bit contentious. Among other
procedural maneuvers, there was
a motion to compel and there were
phone calls and hearings with the
Judge. In sum, communications
between the parties became less