Not every opposing counsel will be professional, prepared, or even civil. For defense attorneys navigating complex claims and reputational risks, knowing how to counter difficult plaintiff attorneys is essential to protect the client and maintain strategic control. Defense attorneys can use specific tactics to handle common types of problematic plaintiff attorneys and stay focused, composed, and effective.
How can defense attorneys maintain professionalism when opposing counsel is aggressive?
Focus on goal-oriented communication and minimize reactive behavior. Studies show that emotional regulation under stress significantly improves decision-making accuracy, a technique that can be used to improve client outcomes. Implementing structured response protocols during interactions with opposing counsel reduces cognitive overload and prevents escalation, preserving both strategic clarity and credibility.
1. The Incompetent or Unqualified Opposing Counsel
When opposing counsel is unfamiliar with state laws or demonstrates poor legal skills, cases can derail quickly. It’s not uncommon for defense attorneys to deal with out-of-state firms, which can lead to the misapplication of statutes in filings or the citing of incorrect laws, submitting flawed pleadings, and creating unnecessary inefficiencies.
A defense attorney should not waste time correcting opposing counsel’s mistakes. File early motions to dismiss or for partial summary judgment where appropriate. Let the court draw the boundary. This will signal seriousness to the judge and opposing counsel and limit the impact of the plaintiff’s attorney’s inexperience.
2. The Aggressive or Bullying Attorney
Aggression is sometimes used as a tactic to provoke defense teams into falling into a trap or rattle witnesses. These attorneys are “bombastic” and rely on inflammatory emails, intimidation in depositions, and emotional manipulation to distract and dominate.
The defense can treat this like sports psychology. Stay calm, stay focused, and maintain emotional poise. When it comes to email, implement filters to redirect inflammatory messages to a case folder, reviewed only by staff. This creates distance between the defense attorney’s attention and the chaos. Separate the task at hand and defend the client from someone trying to get under your skin. Always handle difficult depositions with emotional discipline. Even if the plaintiff’s attorney is aggressive, witnesses must be trained to remain composed, and defense attorneys can serve as role models for this behavior.
Remind witnesses that there’s already one jerk in the room; don’t become the second. Strategic emotional regulation protects credibility, even when witnesses expect their attorney to retaliate. Working with psychology and behavior experts helps defense attorneys prepare witnesses efficiently and stay ahead of the aggressive plaintiff representative.
3. The Unresponsive or Disorganized Attorney
Some plaintiff attorneys are simply overwhelmed or uninterested. They don’t respond to emails. They miss deadlines. They forget what case you’re even calling about. Whether it stems from disorganization or apathy, these attorneys can stall case progress indefinitely.
A good strategy is to align goals. Defense attorneys want a resolution, and so do many plaintiffs. A quick phone call, “My client’s watching this case closely. Can we talk tomorrow?” can often re-engage the other side. You’re essentially helping them clear their docket.
If they remain uncooperative, escalate incrementally with court reminders, motion practice, and discovery deadlines. However, the first move should always be collaboration, not confrontation, especially when the client’s resources are on the line.
4. The Unethical Strategist
Some plaintiff firms have built a business model around manufacturing value in weak cases. They rely on incomplete affidavits, exaggerated damages, and theatrics. Some firms might even have internal mottos, “We don’t get good cases, so we make them good.”
However, facts win. Respond to questionable claims with an investigation. Vet affidavits. Interview “witnesses.” Subpoena records early. Where you see artificial inflation, force transparency. Fabrication thrives in the shadows, and your job as the defense is to shine light. And be precise. Avoid personal accusations or inflammatory language in pleadings or court. Judges respect clean facts, not finger-pointing.
5. The Unrealistic or Headline-Seeking Litigator
Demanding $20 million for a parking lot slip-and-fall isn’t a mistake; it’s a tactic. Some plaintiff attorneys leverage high demands early to signal power or secure press coverage. But this also adds unnecessary anxiety to the defense and signals for an outsized settlement. To handle this, the defense needs to play the long game. Ask yourself if the attorney is setting unrealistic expectations for the client or if they are trying to provoke the defense into overreacting. Either way, resist taking the bait and focus on techniques to counter difficult plaintiff attorneys.
Make the other side work. Issue discovery, depose fact witnesses, and pressure them to invest time. The more work they must do, the more realistic their settlement posture becomes. It takes 15 minutes to create a ridiculous demand, but answering interrogatories takes time.
Demanding $20 million for a parking lot slip-and-fall isn’t a mistake; it’s a tactic. Some plaintiff attorneys leverage high demands early to signal power or secure press coverage. But this also adds unnecessary anxiety to the defense and signals for an outsized settlement. To handle this, the defense needs to play the long game. Ask yourself if the attorney is setting unrealistic expectations for the client or if they are trying to provoke the defense into overreacting. Either way, resist taking the bait and focus on techniques to counter difficult plaintiff attorneys.
Make the other side work. Issue discovery, depose fact witnesses, and pressure them to invest time. The more work they must do, the more realistic their settlement posture becomes. It takes 15 minutes to create a ridiculous demand, but answering interrogatories takes time.
Counter Difficult Plaintiff Attorneys with Courtroom Sciences
To effectively counter difficult plaintiff attorneys, defense counsel must adopt the right mindset. It’s not about out-yelling the opposition; it’s about outmaneuvering them. Control the facts, control your team, and, most importantly, control the tone. In litigation, poise is power.
Courtroom Sciences helps attorneys efficiently navigate litigation by providing psychological expertise, science-backed data, and expert support for all phases of litigation. Learn how CSI’s litigation consulting experts can improve outcomes for your next case.
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