Be the Bigger Lawyer: Why You Should Grant That Extension (Even If Opposing Counsel Is the Worst)

Let’s be honest: there are few things more satisfying than getting a request for an extension from an attorney who has made your professional life harder than trying to Shepardize a 1987 Third District opinion with two negative subsequent histories and a typo in the citation.

But even when it’s that attorney—the one who refused to stipulate to basic procedural matters, or worse, told your client not to pay your fees—your answer to their request for a 20-day extension should still be a resounding, professional, begrudgingly generous: Yes.

A colleague of mine recently faced this exact scenario. Opposing counsel had a history of being a pain in the brief, including some truly uncollegial behavior. Then came the request: a 20-day extension to file the initial brief. You know—the longest, most labor-intensive brief in the entire appellate process. My colleague considered saying no, and she turned to our informal appellate lawyer hive mind for advice.

Unanimous consensus: Grant the extension.

Not because the guy earned it. Not because he was suddenly a paragon of professionalism. But because, in appellate practice, there are some rules of the road that transcend personal annoyance.

Writing a Brief Is Hard (Even for the Jerks)

Drafting a brief isn’t just a box to check. It’s part soul-sucking record review and part painstaking legal storytelling. You're combing through transcripts, rulings, and exhibits for that one moment the trial court got it wrong, and then framing it into a clear, concise, and persuasive narrative the appellate court can digest without reaching for Advil.

That kind of clarity takes time. Whether you’re rooting for the appellant or the appellee, you want the issues laid out with precision. Because the purpose of an appeal isn't to sandbag your opponent or pull a procedural fast one—it’s to help the reviewing court determine whether the trial court got it right. That only happens when the arguments are fully, properly presented.

So yes, even when opposing counsel is unworthy of your sympathy, they still deserve the chance to write a good brief. Why? Because it serves your credibility to want to win on the law—not on a timeline technicality.

What Happens If You Say No? (Spoiler: You Still Lose)

Here’s the part that’s really going to make you roll your eyes: if you object to an extension, the court will probably grant it anyway. And now you’ve gone from “committed legal advocate” to “needlessly difficult obstacle” in the eyes of the court. Not a good look.

Appellate judges are not fans of gamesmanship. They value professionalism, collegiality, and efficiency. When you oppose a reasonable extension—especially a first one—you risk looking petty. And worse? You’ve wasted the court’s time dragging it into a squabble that could’ve been resolved with a quick, “No objection.”

Plus, you never know when you’ll need that same generosity returned. Karma circulates quickly in appellate circles, and reputations stick. Judges remember. Opposing counsel remember. Staff attorneys remember. Heck, filing clerks remember.

Granting an Extension Isn’t Weakness. It’s Strategic Maturity.

Extending professional courtesies doesn’t make you soft. It makes you smart. It tells the court: “I am here to litigate the law, not the clock.” That’s powerful. That’s persuasive. That’s the kind of lawyer who gets invited to speak at CLEs, not whispered about in elevator gossip.

And let’s be real—if you can’t beat your opponent after giving them 20 extra days, the problem might not be their timeline.

When You Should Consider Saying No

To be clear, there are situations where denying an extension could be justified. If it’s the fifth request, and the brief was due six months ago, and opposing counsel has already received your client's Netflix password in a discovery dispute, then fine—maybe you object. Maybe.

But for a first extension, especially on something as substantial as an initial brief? There’s no upside to being difficult. Be the grown-up. Be the one the court doesn’t sigh about when they see your name on the docket.

Final Thoughts: Build Your Reputation on Professionalism

Appellate practice is a small world. People talk. Judges remember who takes the high road and who spends their career in the procedural muck. The next time you get that inevitable extension request—especially from a less-than-favorite colleague—take the high road.

It costs you nothing. It earns you something. And in this profession, that’s a rare bargain.

File your “No objection” and move on. Let your brief, not your bitterness, do the talking.