Lawyers' Top Ten Pet Peeves

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.

1. Promptness
• Not returning another lawyer's call promptly;
• Not responding to a lawyer's correspondence;
• Untimely responses to discovery requests.
2. 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.
3.  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.
4.  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.
5.  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.
6.  Inadequate Consequences - Lack of Sanctions
• When opposing counsel blatantly violates court orders and repeatedly delays discovery, and the judge fails to sanction such conduct.
7.  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.
8.  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.
9.  Judges Shouting
10.  Mischaracterization 
• Mischaracterizing opposing counsel's oral statements in a responsive written correspondence.