Page 15 - Delaware Lawyer - Issue 2 - 2024

BOB CRAIG
And, typically, the more seasoned the Delaware lawyer, the more likely they are to exhibit the hallmarks of profes- sionalism and collegiality. My practice primarily involves defense side work in the Court of Chancery, meaning I am often opposite what we refer to as the “Plaintiffs Bar.” But they are often among the most accommodating when it comes to scheduling, and, more im- portantly, those last-minute requests for “more time” when health, family or other pressing matters intervene. While I will admit to instinctively taking the “defense” side more often than not, no
side of the “v” has a monopoly on the Delaware Way.
The same is true for the firms that are in some sense our “competitors,” whether we work together or face off in complex, hard-fought litigation. I am reminded of an incident where we argu- ably missed a court deadline, resulting in the inability to raise an issue on ap- peal. A senior member of a “competi- tor” firm who had no involvement in the matter called me (unsolicited) to offer assistance in suggesting an alterna- tive interpretation of the applicable rule. Fortunately, the perceived error proved
inconsequential, but the thoughtful and gracious outreach meant everything. I would venture to guess that most attor- neys in the country look for opportu- nities to help out their firm colleagues, but only in Delaware are there folks who look out for fellow members of the Bar in such a manner. This was an ex- ample of the Delaware Way at its best.
Advice from Mentors
The Delaware Way is a learned ap- proach, and I was fortunate to become associated with a firm that had great mentors — some retired and others who unfortunately are no longer with us. From each of them, I learned through daily trials and tribulations what it meant to be a Delaware lawyer. I will give you a few examples, but first a con- fession: 98% of the time I am cool and composed; however, I have “lost it” on a few occasions with clients or oppos- ing counsel. And, invariably, I regretted it within hours. At least with respect to opposing counsel, I apologized in due course. I do not recall ever seeing any of my mentors lose their cool, so this tip comes from me: as upset or frustrated as you may be at your opponent, take a deep breath and maintain your compo- sure — you will be glad you did.
Extend Courtesies in Scheduling and Extensions
As for what I learned from my men- tors, something touched upon previ- ously: scheduling and extensions. Be courteous and fair when negotiating scheduling orders, and grant extensions absent prejudice or unusual circum- stances. Sure, sometimes scheduling disputes cannot be avoided, but avoid them whenever possible.
The same goes for discovery dis- putes; work them out if possible. It is your responsibility to push back against the difficult co-counsel or cli- ent. We’ve all had clients or co-counsel who push the envelope, refuse to accept the court’s ruling(s) or claim bias. As a
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