There will come a time in your practice when you are going to be annoyed by someone. Heck, there is going to be more than one time. Someone, somewhere is going to do something or say something that is really going to get to you. Maybe it will be a potential defendant telling you where to go. Maybe it will be an insurance adjuster laughing at your client. Maybe it will be opposing counsel just flat out lying. What you do in response will reflect on your practice.
When this happens, I really want to get even. It is just my personality. I do not want someone to show me up - especially in front of a client. I know its a character flaw, but most attorneys have it. Face it, to be an attorney, especially a lawyer who likes trial (be it civil, criminal, family), you have to have some ego. And, that can be your downfall.
This happened to me today. I am sure opposing counsel misrepresented something. Actually, he misrepresented a few things. I need to send him a letter. So, I typed it and it read like this:
Dear X:
This will confirm our converation of today .............. (New paragraph) As an aside, I have to tell you that I think you are a liar. I think you made material misrepresentations to the judge. I think you lied in court to enrich yourself only. You clearly made statements that you did not have authority to make, and your behavior showed questionable judgment. The next time I deal with you, I will make sure that everything is in writing because I cannot trust you as far as I can throw you.
Sincerely,
Jon
I printed the letter out. I then put it in an envelope with the enclosures. I then ran it through the shredder. And I wanted to send that letter so bad. It would have made me feel good. But, just typing it made me feel better. (And just so you think I am not the only one who types these letters, I know an attorney who wrote a letter to opposing counsel and referred to someone, IN THE LETTER, as "Mr. Jack Ass.")
I then sent a letter that said here is what you requested. That was it. Nothing more, nothing less. I kept it as short as possible, but still professional.
What if I had sent the first letter? I am sure opposing counsel would have shown the judge. That probably would have gotten my sanctioned. It would also have hurt my reputation in that area, and it is not a big area.
My friend Susan Hobson (who is a great attorney and a great person), told me what she was taught about writing letters:
- Do not put anything in writing that you would not want a judge to read out loud in court.
- Do not put anything in writing that you do not want your mom to read.
- Do not put anything in writing that you do not want to be Exhibit A to a jury. (Okay, this one was mine.)
Those are some good rules to follow. Be careful about what you put in writing, and before you send it, or click "send" on your e-mail, make sure that you are comfortable letting the world read what you wrote.
---------Jonathan
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