Hello! Do you, like me, deal with anxiety when it comes to calls with opposing counsel? Here are some tips and tricks I use to have productive, cordial conversations with my colleagues at the bar even when our files are often contentious (thread)
Tip 1: All you really need to do is hear them out, write down what they say, and take that position to your client. You don't *have* to debate the merits then and there. You can, of course, but going in with the mindset of "listen and take notes" helps with pre-call jitters.
Tip 2: Small talk isn't the enemy. You're speaking with a human being who is also stressed, tired, and...well...human. I try to start O/C calls by asking my colleague how they're doing or mentioning something funny my dog just did. You can break the ice! It's okay!
Tip 3: If you're not sure what document or point of law your colleague is referring to, ask for the reference. You can consider it later and decide your position. This isn't a pop quiz to see who knows more law on the spot (see Tip 1).
Tip 4: And finally, embrace the value of being able to discuss the matter in real-time, on a frank and without-prejudice basis, with the other side. A 15-minute phone call can save you weeks of e-mails and letters.
At the very least, you will learn something about the other side/their counsel that you didn't know before: their tone, their philosophy on the file, what they're like to deal with. More information is always good, even if nothing else comes out of it.
As a junior, it seems safer to do everything in writing (and certainly every call should be recapped in writing afterward, to avoid confusion) but calls are what really move the file along between litigation steps. I always offer a call after the first exchange of letters.
And I say this as someone with often-extreme phone anxiety. Sometimes, the only way to get better at it is to do more of it. I have settled more files than I thought possible via a quick, human conversation.
In conclusion: yes, that meeting could've been an e-mail, but also, sometimes those five e-mails should've been a phone call.
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