Getting disillusioned with litigation after being pushed (by team and client) to be unnecessarily aggressive in discovery emails and conferrals, and bringing pointless motions to court for posturing. I feel like I’m just sending nastygrams to opposing counsel all day (or doing tedious discovery), which dont even have that much bearing on the ultimate merits of the case. Is this a function of the team or have I just not made peace with the inevitable confrontational nature of litigation?

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I do think the firm environment has a large effect on how aggro the litigation gets. Yes, litigation will eventually have confrontation, but the needless refusal to grant continuances or pointless challenging of phrases (vague and ambiguous as to the term “insurance”) doesn’t have to be a part of your practice style. Try your best to follow your instincts and hopefully over time, the firm/clients will have faith in you and not push this BS. Or ultimately you may need to find a different team/firm. I know that being a solo practitioner is amazing because I no longer have any pressure on me to waste time on antagonistic crap that doesn’t actually move the ball.

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I think some teams are better at not wasting time. I’ve been at two firms; one is conspicuously more aggressive and I’m not sure it’s actually more effective. If it helps, I doubt opposing counsel is taking it that personally?

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If you want them to take it personally you should file bar complaints (seen it happen). Lifelong enemies at that point.

Some people like making discovery as onerous as possible to help encourage settlement. I don’t particularly think it works well, because it really only pressures the attorney, but it isn’t an uncommon strategy.

If you don’t like it, it’s not how everyone operates and you can move firms. But you’ll still have to deal with the people who send nastygrams over search terms.

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Are you in insurance defense?

nope just regular biglaw…

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