All experienced litigators know that they can best serve their client's interests by staying above the fray of the virulent emotions inherent in most disputes. Our system of justice requires attorneys to provide objective counsel, clear and untainted by the animosity of the parties. How should you react in the rare instance when an opposing counsel intentionally adds fuel to the fire for their own ends? Several slogans apply, such as "don't get mad, get even" and the favorite of all mothers, "two wrongs don't make a right."
I agree with both homilies and show in my latest blog, Litigation, e-Discovery, e-Motions, and the Triune Brain, how the evolutionary model of brain functioning popularized by Dr. Paul MacLean (1913-2007), Yale Medial School, can help us to make sense of it all. I also explain why you don't want a dog for a lawyer, even though they can be quite cute.
In addition, I consider the ancient torts of champerty and barratry and provoke a comment by Craig Ball, and others, that some defense counsel are just as bad a plaintiff's counsel ambulance chasers. I attack abusers and flame throwers on both sides of the "v", plaintiffs and defense counsel, and call for a reason-based approach to litigation and e-discovery.Transcend your emotions and stick to business. That is the best way to get even. Justice is best attained by a calm rational approach.
You may be surprised to find that after 33 years of hard-knocks litigation where I have had to deal with dirty tricks and unscrupulous lawyers and parties of all kinds, I still remain positive and optimistic. They are really a very small minority. Our system of justice, for all of its faults, remains the best in the world. It may not be perfect, but at least we have e-discovery, and, as usual, we are the world leaders.
Image: Ralph Losey