In litigated matters, counsel frequently have scheduling conflicts either with other cases they are handling or in their personal lives. Judges and arbitrators appreciate this basic fact and expect that counsel will work with each other to accommodate these conflicts so that everyone can eventually get their matters resolved in a fairly efficient way. Judges and arbitrators will remember counsel or parties who do not work with each other around scheduling conflicts — not favorably. It is in your interest for the firm to accommodate opposing counsel in rescheduling events, so long as repeated delay does not become a prominent aspect of the case. Accordingly, the firm generally will consent to opposing counsel’s request for continuance of a deadline, hearing, or trial.
I’ve started putting this in my lit engagements.
