How to Deal with Bullying Behavior from Opposing Counsel (2025 Edition)

Scott Key | Scott Key & Associates

Scott Key is a litigation advocate, writer, speaker, and teacher. He began his career over twenty years ago as a criminal defense attorney, with an emphasis on appellate advocacy, habeas corpus, and parole. He now does civil defense, representing Georgia municipalities, plaintiff’s trial and appellate advocacy, mixing criminal and civil litigation. When not in court, he’s in the classroom, where he coaches law school moot court and mock trial, supervises law school students working in public defender offices in Middle Georgia, and teaches advanced persuasive writing to 3Ls. He is the former president of the Georgia Association of Criminal Defense Lawyers, the former chair of the appellate practice section of the State Bar of Georgia, and an active member of the Georgia Trial Lawyers Association.

I. What is bullying, and why do people bully | 1:00pm – 2:00pm

• What it isn’t
  • Advocacy – even aggressive advocacy
  • Gamesmanship – if legal and ethical
  • Negotiating – even if it’s hardball
• What it is
  • Language that’s abusive, demeaning, or threatening
  • Physical violence
  • Gratuitous sabre rattling – meant purely to run the meter and play on the client’s basest instincts
• Why do people bully
  • Because they’re insecure or simply cruel
  • They lack actual litigation chops and seek a cheap win
  • It works at some level
  • They can

Break | 2:00pm – 2:10pm

II. Dealing with bullies | 2:10pm – 2:40pm

• Self check-in to separate emotions from effective action
  • Lean into the emotion before acting or speaking
    • Deep breathing
    • Walking
    • Talking it through with a colleague
  • Write a letter or email that you can set aside in a “desk drawer” for a day or so
  • Think through what’s best for the client
• Find a constructive path
  • Up the bandwidth
    • If opposing counsel is on email, consider a call or an in-person meeting
    • Think about where your opponent is “coming from.” Is there a personal crisis, an addiction issue, or a difficult client who is bullying opposing counsel?
  • Don’t match negative energy
  • Practice tactical kindness
    • Respond in assertive professional written form, thinking how this all might play out as an exhibit one day for a court to see
    • If your enemy is in self-destruct mode, don’t stand in his way

III. When the client is the bully | 2:40pm – 3:10pm

• Try to see the bully before the bully hires you
• Draw firm boundaries
• Document, document, document