You Are About to Get Snatched…
Recently I have encountered a lot of bad attorney behavior with whom I am working with and against. I mean really bad behavior. Not illegal (well, that is debatable) but just darn right bad behavior. I mean the behavior was so bad that even the offender admitted that they may have crossed the line, a little.
In one of those circumstances, where an attorney was admitting to me their bad behavior and what they had done that they should not have done, I found myself reacting in such a calm and reserved manor. Now, I am a person that can cuss so badly that even the most hardened criminal will blush. But, for some reason, in this outrageous situation with which I was being presented, I maintained my composure and chose not to react angrily as I, quite frankly, had every right to. In that moment, I had a thought: How ARE we supposed to continue to compose ourselves when we are presented with downright shameful behavior on the part of our colleagues?
Now we have all bore witness to the bad behavior of our clients. Keeping our composure during those times of surprise and sometimes disgust is for another blog post entirely. What I want to address is our abilities to continue to power through and maintain when our colleagues throw downright terrible conduct at us.
I have encountered some conduct on behalf of other “so called” attorneys that most would not believe. I know we ALL have multiple stories to tell regarding this subject. Well, how did we act? How did we manage to gather ourselves once these instances occurred? And if the Court was witness to this behavior, did we get any help from the Court in challenging this behavior? Sadly, on the Court side, I have found very little refuge. When these poor behavior scenarios played out in front of the Court, most of the time the Court, has decided to do and say nothing; nada. Even though the bad behavior was sanctionable. What do I mean? Here are a couple of real examples:
#1 : The Barn Yard Lawyer
- I and opposing counsel were trying to resolve a family law case. We had reached a settlement in terms of a consent order, but it had not been signed by either party. The Court, due to the timing, was nonetheless inquiring about the status of a pre-trial order due into the court via email. Since the settlement had yet to be signed (and we ALL know that a deal is not completely done until it is signed by ALL who need to sign it) I knew we may still have to submit a pre-trial order as the court was directing. This is what I (and the Court mind you) got in response:
“This may be the most ignorant waste of Court time in my almost 30 years of practice. Do what you want to do, counsel. I am not filing a Pre Trial Order because the clients have settled. Why charge them more fees? I have dealt with a bunch of dumb assed people in the past, I am sure there ar (sic) more to come.”
What did I do in response? I ignored this email. What did the Court do in response? Nothing. So, regardless as to whether I was right or wrong, such an email was beyond the pale and demonstrative of the barn in which this attorney clearly grew up. How did I have the resolve to not respond? This attorney’s words were absolutely out of line, crass, and ridiculous. This attorney deserved someone dress them down and hand them their ass. But, when I got this email, after my initial shock, I realized exactly with whom I was dealing. Despite the necessity to teach this attorney a lesson, I realized that any efforts to do so would be utterly wasted. No need to engage with a person like this. Trash doesn’t warrant an audience.
#2 : The “Open the Door” Lawyer
- I was in a contentious sexual assault trial with an attorney on the other side who was quite a bit older than I was. In addition, I was new to practicing in that district, so most of the attorneys in the local bar were not acquainted with me nor my history. This seasoned attorney did a really good job at limiting the testimony of one of my medical witnesses through objection and limiting rulings. Upon cross, she then proceeded to ask questions and elicit answers to the very same questions that I was precluded from asking. Upon cross-examination, I proceeded to ask the questions that I wanted to before, as the attorney had clearly opened the door. Of course, they objected. In their objection they proceeded to start by saying the following: “Your Honor, I don’t know where she went to law school, but…”
Say what?! I took a very deep breath and proceeded to recite the rule of evidence, by heart, that allowed me to do this. Of course, the Court overruled them and admonished them that they had opened the door and therefore I regained the right to ask those questions. Ridiculous, right? This attorney wanted to not only “school” me on what they thought they knew, but they also wanted to shame me. It was tantamount to them accusing me of getting my law degree out of a cracker jack box. What gave me the patience and resolve to not verbally lay this attorney out on the floor right then and there? I think inevitably it must have something to do with one’s innate character. While I don’t suffer fools lightly, I don’t like dissension and disagreement just for the sake of dissension and disagreement. That attribute of mine clearly helps me keep my emotions in check during highly provocative times like that. But I also think that my respect for the court is a part of it as well as a respect for myself. I am better than that, and I know it. So even though the “80s era Brooklyn hood” in me wants to and has the capacity to snatch a soul like this before they take their next breath, I think my respect for the court and myself overrides that very powerful feeling and allows me to remain cool, calm, and collected. And I know I am right. (which in the above story I so clearly was).
When a dear friend and colleague of mine were speaking about this subject, they told me of their very own instance where they marshalled their resolve and managed NOT to lose their cool on a colleague in Court. They kind of knew prior to walking into Court that there was a high likelihood of bad behavior to be thrown at them. So, they came prepared. With a fellow attorney to accompany them just in case they were unsuccessful in rising above things and had to be escorted into custody. But, they didn’t need benefit of counsel on that day and managed to keep their cool and respond eloquently and appropriately. But, why must we have to take such measures? Why should I need to steel myself during what is otherwise a normal day just because a real son-of-a-bitch lawyer chooses to shit on me? Some may say this is why we get paid the big bucks. Really? Well, I think the bucks need to be a helluva lot bigger to endure the types of experiences I just detailed.
The sad part about this week’s post is that I have many more stories to tell of attorneys behaving badly and having to rise above that contemptuous behavior each and every time. But us lawyers who do rise above it are clearly the better lot and demonstrative of the great value they bring to the profession. So, how DO we keep our proverbial shit together when dealing with bad attorney behavior? Deep breaths. Pregnant pauses. And chanting silently to ourselves the following: “Jesus, keep me near the cross.”
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