"x x x.
Do your research on opposing counsel
Ok, let’s assume that opposing counsel potentially has some bite behind their bark. Just because they could bring a motion does not mean they will. Don’t forget they have to tell their client “we want to charge you $5,000 to bring this motion, and it’s probably a 50/50 chance we win.”
Reach out to your network of attorneys and find out what they know about opposing counsel. Most people have a reputation, a reputation that will include “they love motion practice” or “they just bark a lot and will always settle at the 12th hour.”
There’s no guarantee they will follow their prior course of action, but it’s still helpful when trying to predict how they view the case and what they might actually do.
Regardless of how they litigate, you will almost always get some nugget like “just offer to buy them coffee and they’ll stop threatening you” or “don’t push them on _____, that will send them into orbit.”
I’m not saying you should let their personal preference absolutely dictate how you run your case. But you should consider it, and if it helps you get a better result for your client, I would absolutely use that information to your advantage.
x x x."
