Opposing counsel just threatened to report me to the bar over a routine discovery dispute? We couldn't agree on a deposition date because of a scheduling conflict, and this guy immediately went nuclear, copying my managing partner and threatening an ethics complaint. It’s such an exhausting, childish tactic. I know it’s just performative bullying, but it still makes my blood pressure spike every single time. How do you handle these clowns?

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Threaten to report him to the bar for threatening to make a bad faith report to the bar.

likefunnysmart

Only communicate by email so that when/if a bar complaint does arise, you have a clear defense

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The bar routinely receives these. If it’s coming from opposing counsel it’s going in the “round filing cabinet” 90% of the time.

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Just laugh it off. The bar doesn't care about things like this. Just look at it like this... It's posturing. That's all it is. It says more about OC than it does about you.

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Calmly call out the unprofessional mischaracterization. Propose a reasonable solution (a discovery extension, remote attendance, etc.). And assertively demand civility going forward. That generally works for me.

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Threatening to report someone to the bar is in and of itself likely a bar violation and possibly criminal extortion if:
A) they actually have a mandatory reporting obligation; and/or
B) the threat is extortionate, fraudulent, or abusive.

One of my coworkers wrote a letter to opposing counsel's bar, documenting their bogus threat. Six months later, opposing counsel delivered an apology letter at the insistence of his bar to avoid a formal charge.

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