I came across the following list, originally published in the
Jacksonville Lawyer Magazine in 2007, that outlines lawyers' various pet
peeves. I can't say these are my personal pet peeves (or Gerry's) but it's a fun glance into the "stress" of the profession.
- Promptness
- Not returning another lawyer's call promptly;
- Not responding to a lawyer's correspondence;
- Untimely responses to discovery requests.
- Being Unacommodating
- Cancelling depositions or scheduling them at the last minute;
- Being difficult when scheduling;
- Refusing to cancel matters when opposing counsel has a family crisis.
- Lack of Manners
- Failing to introduce oneself to opposing counsel;
- Incivility and lack of respect for fellow counsel;
- Being rude to opposing counsel or counsel's staff.
- Inadequate Communication
- Sending a fax at night to opposing counsel on a matter coming before the court the morning after. Also, keeping a firm's fax machine turned off and requiring "permission" to send a fax, which includes having to explain what the fax is about;
- Ending letters with, "I remain, very truly yours."
- Failing to put a fax number and email address on pleadings and correspondence.
- Discovery Matters
- Denying possession of evidence when in fact they are withholding it properly;
- Not producing documents in response to a request for production in a timely, organized, and orderly manner;
- Producing duplicate copies of documents, making the production appear larger.
- Inadequate Consequences - Lack of Sanctions
- When opposing counsel blatantly violates court orders and repeatedly delays discovery, and the judge fails to sanction such conduct.
- Inadequate Motions and Pleadings
- Lack of brevity in briefs;
- Filing memoranda of law on significant motions and then showing up at the hearing only to argue case law not in the brief as the crux of their argument;
- Creating "strawman" arguments advocating "red herring" issues;
- Failing to city authority forming the basis for a motion.
- Unfair Hearing Practices
- Bringing case law to a hearing either without copies for opposing counsel, or with highlighted copies for the judge, but not opposing counsel.
- Judges Shouting
- Mischaracterization
- Mischaracterizing opposing counsel's oral statements in a responsive written correspondence.