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The benefits of being kind to opposing counsel
Interactions between counsel can significantly affect the trajectory of a case. Here, a firm owner stresses the importance of treating opposing counsel respectfully and kindly, highlighting the numerous benefits of this approach.
Grace Robbie
In the often adversarial legal profession, the significance of maintaining kindness and respect towards opposing counsel is often underestimated.
Speaking with Lawyers Weekly, Ryan Kniznik, the founder of Kniznik Family Law, discussed how fostering civility among opposing counsel can yield substantial advantages, not only for the lawyers involved but also for their clients.
One of the most immediate benefits that Kniznik highlighted regarding maintaining a courteous and respectful tone with opposing counsel is the potential to foster a “friendlier” tone throughout the case. This atmosphere, as he explained, contributes to a decrease in “conflict and stress” experienced by clients.
Kniznik said that nurturing a respectful professional relationship with opposing counsel can facilitate quicker resolutions as having this respect towards each other promotes “counsel [to] pick up the phone and deal with an issue immediately”.
This direct communication is particularly advantageous for clients, as time-sensitive matters requiring prompt resolutions “can be addressed right away” rather than becoming mired in extended email dialogues or awaiting judicial hearings.
Another compelling reason shared by Kniznik is that adopting a respectful demeanour towards opposing counsel enhances the likelihood of successfully “resolving a case”. By cultivating this environment, he noted, parties are more likely to engage in productive discussions aimed at “resolution rather than litigation”.
Kniznik added that mutual respect between legal counsel is advantageous for clients as it reduces the likelihood of conflict arising as communication is “respectful and to the point”. Through having this clear channel of dialogue, he shared that it “leaves less opportunity for misunderstandings ... and can help keep things calm and stable”.
He underscored that adopting an attitude of kindness and civility towards opposing counsel is also advantageous for clients, as it “makes the practice more enjoyable and less stressful for everyone involved”.
Kniznik has proposed several effective strategies for lawyers seeking to be more respectful and amicable in their interactions with opposing counsel.
One practical method he noted for establishing a respectful relationship involves initiating “a call with opposing counsel or an invitation to have a call with them”. This simple gesture facilitates the development of “a relationship right away, and you can get to know each other beyond the case”.
He said: “By speaking to the person on the other side, instead of just resorting to a pile of emails, you develop a working relationship where you can usually achieve the client’s goals quicker and with less chances of court intervention.”
Kniznik also expressed that another way to improve this approach is to ensure that communication is not “personal” and to keep it professional and centred on “moving matters forward”.
He added: “By keeping things focused on the client’s situation and goals, and not on personally attacking counsel, the case remains focused on being productive and staying on track. A client looks to a lawyer to resolve issues.”
