I was told that I had to write an article when I became a member of the board of
directors of the Defense Trial Counsel of Indiana. When I asked what the topic was to be, I was told, “Anything you
want!” OK. Now what? What do I want to say to my colleagues in Indiana? Should I write a case note? No. There are too
many of those already out there. Should I write a perspective from a lawyer from “the Region?” No.
We need to annihilate those boundaries, not enforce them. What about an article on electronic discovery or the Medicare/Medicaid
issues? No. We have all either given those lectures or attended them over and over again. I was at a loss. What do I want
to say to everyone out there?
As I was pondering this daunting task, I was buzzed by our receptionist. “Prominent plaintiff lawyer” was on
the phone for me. (I have removed his name to protect him from jabs from his colleagues for being too nice to a defense lawyer.)
I wondered why he was calling me, as we don’t currently have a case together. It turns out that he had a case with one
of my partners and just thought he would call me to see how I was doing, as we had not spoken in a while. We had a nice chat
and hung up. I thought how nice that call was – and how rare. It then hit me that I had found what I wanted to say to
all of you.
While I am sure this writing could be deemed just another one that promotes civility, and while I am sure that there is a
long list of ethical rules that promote that, too, I cite none here. I simply say this: Stop the (to use a football phrase)
“unnecessary roughness.” I am hereby throwing a “flag on the play.”
I am definitely not saying to stop being fierce advocates for our clients. We all lose sleep at night, thinking about our
cases, making sure that we are doing the best we can for our clients. (I wish the sleeplessness would end, but after 21 years
of the practice of law, I know it won’t.) Unfortunately, some of us on both sides of the “v.” are also lawyers
who cannot seem to handle a case without making other counsel on the case simply miserable. These lawyers seem to think that
is part of their duty to their clients. I disagree.
Being disrespectful to the court or counsel does not help your case. Nor do endless multipage letters that voice baseless
objections or accusations. I certainly know that my clients won’t pay for this type of activity and want me to devote
my time to the pertinent issues of the case. Yes, it is part of the job to argue and to advocate, but do not do it at the
expense of professional courtesy.
I am encouraged by my “prominent plaintiff lawyer” colleague. I hope this trend continues. Our parents told us
to treat others as we would like to be treated, so I hereby remind you all of that, without citing to any legal authority.
I say our jobs are hard enough. Please just do the right thing and don’t add unneeded roughness to our lives and yours
under the cloak of advocacy. It will make all of our professional lives much better.
There is my message. Have a good day.•
• Ms. Mortimer is a member of the DTCI Board of Directors and is a partner in the Schererville
office of Hinshaw & Culbertson LLP. The opinions expressed in this article are those of the author.














Conversations
0 Comments
Add Comment