Clients often ask how they should interact with the adverse party at depositions and in court. Although there are many different circumstances that could lead to a different answer to this question, I generally advise clients to treat the adverse party as a business acquaintance.
This means saying hello, shaking hands and employing the normal courtesies and etiquette that people typically employ when they interact in a business environment. This may be difficult for someone who the client believes has falsely accused them of acting wrongfully or has harmed them.
However, there is rarely any harm that can befall a litigant by treating the adverse party with courtesy and respect. There is usually only an upside.
Over the years I have experienced a number of instances where litigants have been able to create an environment for settlement during interactions with the other side at depositions. In many cases it presents an opportunity to commiserate about such things as the high cost of legal fees and the business necessities of avoiding a further waste of their time and resources. Alternatively, it may present the client with an opportunity to convey that they will see the matter through the end.
I have also experienced litigants yelling or cursing at each other or making other hostile and non-productive comments and gestures. Although this may have made them feel good, it did not help their cause.
The adverse party should be treated with respect and good manners should be employed, which is often a first step towards a resolution.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
