Message from the Editor

• Publication year: 2021
• Author: Nathan W. Gabbard, CFLS

Message from the Editor

Nathan W. Gabbard, CFLS

Dear Reader,

Consider the notion that the only thing to arrive in the courtroom before us is our reputation. In practice, our style of communication is a foundational element of our reputations. Words said today - and the way those words are said - will have an impact on those around us and will impact the way others perceive us going forward.

A recently published opinion stands firmly on the requirement for civility and respect in the tone and tenor of discourse from members of the bar.

"We have elsewhere lamented the fact modern law practice is 'rife with cynicism, awash in incivility.' [] This kind of over-the-top, anything-goes, devil-take-the-hindmost rhetoric has to stop.
If you think the court is wrong, don't hesitate to say so. Explain the error. Analyze the cases the court relied upon and delineate its mistake. Do so forcefully. Do so con brio; do so with zeal, with passion. ...
We publish this decision as a cautionary tale. The timbre of our time has become unfortunately aggressive and disrespectful. Language addressed to opposing counsel and courts has lurched off the path of discourse and into the ditch of abuse. This isn't who we are.
We are professionals. Like the clergy, like doctors, like scientists, we are members of a profession, and we have to conduct ourselves accordingly. Most of the profession understands this. The vast majority of lawyers know that professional speech must always be temperate and respectful and can never undermine confidence in the institution. Cases like this should instruct the few who don't."¹

In so many of our daily activities, we are faced with choices of how to compose our communications. Whether it's writing a declaration for a client, or drafting correspondence to opposing counsel, or making oral arguments to the court, we could all stand to benefit from speaking smarter, not louder.

This issue is filled with wise words. Specifically, Justin O'Connell describes how to make the best use of your mediation brief. He provides...