Why did Managing Partner tip Associate to
"tell opposing counsel [MERELY] that our client is best friends with the firm's managing partner and will never settle"
? What's wrong with Associate's first reply ("he had exhaustively researched the law and that the law clearly supported the firm's client, so the other party should settle") ?Why didn't Managing Partner tip Associate to proffer BOTH reasons, and improve the Associate's reply by name-dropping the Partner? To wit, why not "
tell opposing counsel that our client is best friends with the firm's managing partner and will never settle
"
PLUS
that BOTH Partner and Associate "had exhaustively researched the law and that the law clearly supported the firm's client, so the other party should settle" ?
Learning to work with opposing counsel takes practice. You need to be assertive, but not obnoxious, and respectful, but not fawning. It is also critical to think strategically:
As an associate headed out to a meeting with opposing counsel with the goal of reaching a settlement, the managing partner asked, "So what are you going to tell opposing counsel?" The associate replied that he was going to tell opposing counsel that he had exhaustively researched the law and that the law clearly supported the firm's client, so the other party should settle. [Emphasis added]
"No," the managing partner boomed, "You are going totell opposing counsel that our client is best friends with the firm's managing partner and will never settle."
[Gray highlight added]
The case settled promptly thereafter—exactly the result the client wanted.
Grover E. Cleveland, Swimming Lessons for Baby Sharks : The Essential Guide to Thriving as a New Lawyer (2016 2 edn), page 139.