Cooperation in an adversarial system?

One problem with lawyers is their reluctance to try novel approaches—like, for example, trying to cooperate with an adversary to solve a problem. Tom Goldstein is a veteran Supreme Court litigator, and in a recent post he offers this great practice pointer. Of course, many attorneys will reject his tip. They’ll argue it’s applicable only to Supreme Court cases that involve the Solicitor General’s office. It’s obviously not something that you’re going to do a lot, but I’m always alert to the possibility of cooperating with my adversaries. When it works it saves time and money, and produces a better result. Oh, and judges seem to appreciate it too.