Archive for the ‘ethics’ Category

Civility Followup

September 21, 2009

Apparently (as least one member of) the South Carolina Bar could learn a thing or two about civility — According to Above the Law, citing the Charlotte Observer, attorney Irby Walker was charged with solicitation of a felony after trying to hire a hitman to kill a fellow lawyer!

http://abovethelaw.com/2009/09/taking_the_adversarial_system.php

Wow.  Just . . . wow.

Breaking bread and civility

September 21, 2009

Here’s an interesting article about civility in the practice of law.  It reminds me of a patent infringement lawsuit I was involved in 5 or 6 years ago.  Opposing counsel was quick witted and tough as nails.  Nothing was a “gimme.”  There were battles about deposition locations, discovery deadlines, confidentiality designations, etc.  After a rather meaningless day of depositions, I offered to drive him back to his hotel, and we had a drink together.  There was some discussion of the case, but it was mostly just two lawyers sharing a drink and telling tales.

We got up the next day and did our jobs, and we continued to bang each other around, but it was never personal. Too often, lawyers let it “get personal.”  Next time things head in that direction, consider breaking bread with opposing counsel.

That case settled (favorably, both parties would say) and a friendship, and source of referrals, was born.

The next time you are considering sending a incendiary letter to opposing counsel, or losing your temper “on the record” (or off), consider your professional reputation, your duty to your client, and the fact that the Court will almost certainly hear about it, and then set the letter aside overnight, or hold your tongue for 10 seconds.  99% of the time, your restraint will pay a healthy dividend.

(tip o’ the hat to WSJLawBlog).

WSJLawBlogPhilly Judge Orders Taming of the Lawyershttp://bit.ly/4E0Mv