General counsel manage lawyers, either in-house or out. Those lawyers must deal with dysfunctional opposing counsel, who often profit from their nuttiness and are just as often unrepentant about it. It takes a toll, making the GCs’ lawyers less efficient and more miserable. What’s to be done?
GCs need to use their positions as bully pulpits to urge judges to be judges. They get paid to make decisions. So, decide. It is frustrating to go to court for relief and have a busy judge say, “You and Mr. Dysfunction go into my conference room, and don’t come back until you work it out.” (A note to lawyers: Don’t run to the court every time your hair gets mussed up in litigation. Only go when it is really important.) When judges judge, they can at least start to corral the dysfunctional among us.
