Hats Off to Michael Mortimer!

Speaking of civility, trial lawyer Michael Mortimer has an article in January’s Plaintiff magazine, “The courtroom: no place for personal attacks.” It’s worth a read.

Essentially Mortimer points out that when reading briefs, judges “get” who is casting aspersions. If the other side is making personal attacks, there is no need for you to stoop to their level, no matter how tempting. Not only is responding in kind counter-productive, such responses are a waste of the court’s time.

Mortimer recommends taking the high road. He also adopts a strategy I’ve used in the past when I’ve been irritated by opposing counsel: ask another lawyer to review your brief to edit out any hint of derogatory language. You want to be the guide, not the denigrator.

In oral argument, personal attacks are a distraction. They detract from your strong points. They damage your own reputation. While they may put the other side on the defensive, they do not make you more persuasive. In fact, just the opposite. More than any other legal group, judges appreciate civility.

This advice holds true for mediations as well. Your goal is to coax the other side inside your ballpark. Persuasion through civility, not denigration, is the key.