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Mentor
I get comments like: "You are overlawyering this deal" without a specific mark up. My strategy is to explain that I have done dozens of these deals in the last year and my comments reflect the market. In fact, I am basically setting the market because my client is the most active in this space. So if I tell my client you won't except our standard terms, I am also going to send my client a list of your competitors that did except our terms and suggest we discuss whether this deal makes sense financially if we have to spend legal time negotiating non-standard terms.
That works about 95% of the time.
Except
I’d be petty and send something back like “Evidently you don’t since there was no analysis or reasoning accompanying your unreasonable, blanket opposition. Try again and return back by COB today (11/8). Thanks.”
I opted for veiled charm. We chatted. I explained that my client understands fully well the purpose of the agreement and the implications of entering into it without the changes I proposed.
“Why don’t you take the pen next so I can have confidence that you understand the regulatory environment that we are navigating.”
Not sure anyone has ever made him do the wet work—Too used to being the bully.
Subject Expert
Send me a long, single spaced letter about how they need every document responsive to every request. Tell me you don’t try cases without actually saying it.
Subject Expert
It’s also when discovery lawyers want to play trial lawyer. You’d be surprised how relatively easy discovery can be when both sides actually know how to try a case.
“In my entire 35 year career I’ve never encountered an attorney who was alarmingly trained in such sharp practicing.” A real email response to me after I sent a detailed meet and confer letter addressing each of the 12 boiler plate objections to every single request for admission. OH IM SORRY you’ve never actually practiced the LAW in 35 years old man!
Subject Expert
Shout out to OC that demanded we “find a replacement” for my client who was in the hospital during the pandemic so they could get their decade old Medicare documents in response to a 3rd party subpoena to support their frivolous quit tam claims in a stayed case.
Mild annoyance, but lingers: demanding a response to correspondence by a certain deadline rather than firmly and politely /requesting/ the same.
Subject Expert
Better yet, don’t request, demand, or whatever other word you want to use, a response. I can absolutely guarantee you I will never, ever be responding on any time line you include. If you really think you need to include that language, something like “please get back to me as soon as you can” is enough.
Mentor
OC not qualified in my jurisdiction answering that his drafting is “market practice” to my note that his drafting seems to be contrary to the law.
Mentor
Name the firm!
Hick Southern good-ol boy club. I am very excited for our afternoon phone call. My gay lisp will be dripping with venomous sarcasm.
Two words: interim draft.