Camaraderie between counsels is OK

This week's question:

I was in court a few weeks ago with my attorney, and it seemed like she was overly friendly with the other attorney. They were talking all the time. Isn't a case something like a war where one side fights the other side? Isn't my attorney supposed to fight for me? Don't we have an adversarial system of justice?

Donna D.

Almaden Valley

Dear Donna,

This is a very interesting question, Donna. Yes, by all means, we have an adversarial system of justice, typically pitting one side against the other in the pursuit of truth and justice. Just how that plays out, though, is sometimes hard to understand. And it certainly depends on the situation.

It seems to me that camaraderie between counsel is okay and is even beneficial. What I mean by that is that your attorney and the other attorney are both representing their respective clients aggressively, thoroughly, and professionally. Attorneys have a duty to be "zealous" representatives of their clients. That does not mean that they do not speak to each other—they have to communicate with each other in a variety of ways to do their job effectively.

Frankly, there are a very few attorneys in this community who are so "aggressive" that they virtually do not speak to the other side at any time and everything must be in writing. All too often this adds significantly not only to the acrimony of the particular dispute but also to the cost and delayed resolution to each side.

If we are forced to "put everything in writing" and go to trial on every case instead of settling when appropriate, it all too often adds substantial costs in terms of money, time, and stress. Not to mention making for some very long days at work.

On the other hand, I believe an attorney can be just as effective an aggressive advocate by being descent, businesslike, and professional. If this kind of demeanor can be established throughout a dispute or a transaction, it is more than likely going to be better not only for the attorneys involved, but also for the court and its staff as well as for the clients.

In the course of a trial, it is not unusual for the attorneys to have a conference in "chambers," the judge's office. This typically is done outside the presence of the clients, witnesses, and others. At a time like that, it is easy to think that the attorneys are being disloyal to the clients. It has been my experience that nothing could be further from the truth. I have never seen a speck of such disloyalty. The attorneys at that time are working just as hard for their clients as ever. It's just that communication, for various reasons, is often enhanced by such a private conference. Your attorney is just as loyal and devoted to you and your cause as can be.

Please do not misunderstand these comments. A case is usually a battle. It is not joining hands around a campfire, singing “Kumbaya.” It is not unusual for a great deal of money to be at stake. Significant relationships are often at risk and tremendous expense is frequently incurred. The point is that effective communication is essential to resolve disputes as soon as possible.

Donald J. DeVries

Almaden Valley

Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by e-mail at don@almadenvalleylawyers.com , fax at (408)268-6502, telephone at (408)268-9500, or mail at DeVries & Solmonson, 6475 Camden Ave., Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. Want to learn about a specific legal issue or how DeVries can help you? Visit his Web site at www.almadenvalleylawyers.com . Almaden Times columns since 1986 are available there. Mr. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.