Advice please 🙏🏽. I’ve been dealing with an extremely rude and condescending associate on opposing counsel. After a fairly aggressive call today (from her side) she hung up on me. Given that she is very junior to me, I feel like I should say something to her supervising attorney but also do not want to get her in trouble. Any advice?

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I wouldn’t go tattle telling because if I was the senior on the other side, I would probably find it funny. Find a more creative way to put the junior in her place – a mistake in the documents that should be obvious or just talk about something that is clearly over her head. TLDR: destroy her ego don’t go snitching.

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I would call her out and ask her what's her beef with you. She's being childish and unprofessional. Also, I agree with the others in that I would definitely NOT go to her supervising attorney because that could backfire in more ways than one. After calling her out, than keep all communication in black and white.

Stick to communications in writing only.

Separately, if you get flustered when people are rude/aggro, you’re going to want to work on that. Bullies do it because it’s effective. Their victims get flustered. You can’t advocate and articulate when you’re tongue-tied. Drill down your responses to deal with jerks.

likesmarthelpful

This is the only correct answer. If you take the bait to spar with the attorney over personal jabs, you're letting them reset the playing field to one in which they may have the advantage. Even a lesser attorney can "win" the argument if you permit them to make the issue personal. Never make it personal: they're just trying to do their job. Your job is to do your best for your client; if you know your stuff, it's almost never to take the bait.

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Make sure your side of the fence is pristine.

In my first couple years of practice I had three gray hairs as opposing counsel who thought they got a free pass to treat me however they wish and because my title started with "Junior" I was obligated to defer to them and take their abuse.

Two thought they'd make trouble for me by "going over my head" only to discover that A. I was 100% correct, and B. I'm one of the nicer guys at my firm.

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Good comment though OP‘s situation sounded a bit different.

Rude associates hang up on me all the time, don’t sweat it.

funny

And that when you are just trying to negotiate a deal - scandalous.

If you’re hung up on or cursed at in your job, you may want to think of another career. It’s a good indication that you’re in a very unprofessional and unsophisticated environment.

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Yeah, I don't deal with children. I'd probably insist on everything being in writing and probably wonder privately about what this person's issues are since that doesn't give them license to take that out on me.

Leave it alone. She will one day get her due.

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So you want to tattle tale but don’t want to tattle tale. I see.

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Don’t leave it alone. Get her in trouble and you will feel so much better

funny

My favorite thing along this line was when I was closing a long term contract while negotiating the sale of the company. The opposing counsel was a mid year at a Boston big law firm. I was giving in on everything that didn’t matter to the merger. The one thing that mattered, I dug my heals in and quickly won. I think he thought he was kicking my ass and kind of felt guilty. Fun times.

It’s very rude that she hung up on you. Don’t let her get away with it. Teach her that it’s more sophisticated to get along with your adversary. She needs a wake up call and so does anybody who thinks you shouldn’t do whatever is necessar(yet still ethical) to teach her a lesson.

I would have all communication be in writing and CC the supervisor. They will ask her what happened, I presume.

When someone hangs up it’s basically a spur of the moment decision that is instantly regretted
Be patient stay silent she will call you back and make some excuses about losing signal or “oh I think we got cut off somehow “ accept her bullshit and be polite and she will always remember her shame and childish behaviour
If you tattle she will always remember your childish behaviour

Come on bro: if you tell the supervising attorney its just as likely they tell their associate: "good job, keep it up."

I once have this situation and I made a point by asking the junior his name and then I told his his attitude was too rude and I would not take further call from him.

"yes your honor I agree this motion should have been a phone call but unfortunately opposing counsel previously stated he was unwilling to take my phone calls"

I hate when people say to ignore it. It will be festering and will age you. I’m sure the person above me has a receding hairline.

There are a lot of perspectives here on how to handle this particular situation. Copying a supervising attorney on email threads might keep the person civil in the written communications, but won’t do much for phone calls. Regardless of what you choose, you do need to stand up for yourself and insist on being treated professionally.
Since you are in the course of working out a deal with this person, and will likely speak with them again, you may want to bring up what happened on the last phone call the next time you speak. Tell them it was not professional or appropriate and did nothing to help their client. Since you have more experience, you might also say something along the lines of how they aren’t gonna get very far (certainly not with you on this deal) treating people like that.

I dealt with this once. Send them a follow up email mentioning that you were unfortunately, disconnected and summarize your phone call. Document everything with this attorney in clear, courteous tone. You may need it later on.

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