Your Nobler Reason

“Though with their high wrongs I am struck to th’ quick,
  Yet with my nobler reason ’gainst my fury
  Do I take part.

  The rarer action is

  In virtue than in vengeance”

The Tempest V,1; Prospero, moved by compassion and reason, forgives his adversaries

The count-down to the New Year is a good time to discuss the absolute need for collegiality in our profession. The field in which we work is, by definition, adversarial. That means that in any of your cases, you will likely face a colleague behaving like your “adversary” in a conference room, a courthouse, an email, or a brief. That colleague might sling some stinging commentary regarding the quality of your work. They may employ tactics and words that stymie your efforts and strike you to th’ quick. You, in turn, might be tempted to take this behavior personally, you are a person after all.

I strive to take it professionally, or I should say that I struggle and aspire to take it professionally.

Consider this scenario: You send opposing counsel a copy of a motion for extension of time to file a brief, asking for their blessing so you can tell the Court the motion is unopposed. Opposing counsel says they will give that blessing, but only if you give them something in return, perhaps something substantial, and unrelated to your request for an extension. In other words, they play your need for extra time to leverage an unrelated advantage. You decline the tactic and file your motion, stating that it is opposed.

Lo and behold, a short while down the road, opposing counsel asks for your approval to a motion for extension to file their brief. Now you can strike them to th’ quick. Take a gander at that goose!

But you don’t. You forgive their high wrongs and tell them you do not oppose the extension. Because you aren’t just a grown-up, not just a professional. You are a lawyer, an officer of the court.  Virtue, not vengeance, should always be our modus operandi. My competitive nature makes this very hard sometimes.  But in the few times I engaged in retribution for the slings and arrows of my adversaries, I felt very bad about myself.

Practicing law requires radical maturity. A lawyer can destroy themselves holding professional grudges. While some behavior is beyond ethical forgiveness, most of the time your opponent is simply doing what they are supposed to: zealously representing the interests of their client(s). Just like you. 

A bitter adversary today might become a valuable colleague down the road. One zealous adversary even referred a member of his family as a client because he said I was a tenacious opponent. (Apparently, I was not a jerk to him in our case together.) Take part with your nobler reason.

Have a Happy New Year I look forward to barding the bar with you in 2026.