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Solo In Chicago

...empowering the Second City's entrepreneurial legal community

Tuesday, November 11, 2008

Dick Cheney and Opposing Counsel

Leaving his politics aside, I have great admiration for the Vice-President as a political infighter. If you've read any of the books that have come out regarding the Bush administration or there are a couple Cheney biographies as well (I'd personally recommend either of these here or here), the power Cheney's office yielded was quite impressive. And not to be too simplistic, but oftentimes he'd win the policy battles by simply being the last person to talk with the President. There would be different executive departments and committees and such analyzing issues and then just as the President was walking out to Marine I to go out of town Cheney would get a few minutes and a signature and bam...he wins!

The analogy with opposing counsel in some of my cases has been an annoying tendency of late for this sort of thing to occur...we're in court on a status hearing with no motions pending and I've spoken with the other side and our case has been called and now we're just drafting an order and everything is done for the day. Then, opposing counsel raises a brand new issue just as we're about to be done. If the issue is something we can do by agreement great but usually it's not and that's why they wait until the last minute. My general response if my client disagrees is to just say no. Then opposing counsel will have the case re-heard, ect., ect. Fine. The real problem is that oftentimes judges will listen to these non-written, non-notice motions. They shouldn't!

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