Link to Robert Ambrogi's Year End Plea for Civility
Attorney and award winning blogger Robert Ambrogi concludes his own "must read" lawyers-appreciate essay on Civility among litigators as follows:
Lawyers should take this [civil] approach in cases of every kind. It's not about gamesmanship. It's about helping your clients achieve a fair result that they will be able to live with and work with for the longer term. Among lawyers, the first step towards achieving fair results for your clients is to treat your peers in the same way -- with fairness and civility.
Robert's essay bears reading in its entirety folks. Then it should be read again with an eye toward forwarding it to the adversary you've been (uncivilly) battling with during the year.
Perhaps you can append your own personal note with the link saying something like this -- "let's begin the new year on a more friendly footing."
You might even (gasp!) offer an actual apology for any incivilities on your side of the street during 2006.
I can hear counsel now, saying, "but they'll use it against me!" If things have deteriorated to the point where your opponent would use a heartfelt call to greater colleagiality against you, things are seriously out of hand.
Yes I Have Been Intemperate
And lest anyone think that this advice comes from an idealist who hasn't ever "been there," I offer this minor confessional.
Opposing counsel once transcribed a voice mail apology of mine in which I regretted an earlier "live" intemperate outburst. Then he filed it with the Court.
(Ouch!)
It was never mentioned by anyone ever, in the courtroom or outside of it.
After recovering from the stinging sense of humiliation I felt at being so publically revealed in both my intemperance and my moment of guileless sincerity, I assumed the Judge would forgive me. I also assumed that were he to condemn anyone, it would be my adversary for taking advantage of me in an off-guard moment.
My twenty-five years of courtroom experience, however, teaches me that Judges ignore these battles among attorneys. They hate them and resent everyone who is contributing to any incivility that the lawyers bring with them into the courtroom.
So read Robert's advice with your own conduct in mind (none of us is perfect and we are fighting with people all year long). Then consider making amends for your own uncollegial acts and statements during the year.
See if you can't make litigation fun again! At a minimum, you'll feel better about yourself -- the only person whose behavior you can change!




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