• 5 Ways to Manage Unreasonably Aggressive People in  Litigation While Maintaining a Healthy Emotional Balance
  • April 27, 2017 | Author: Nancy E. Pritikin
  • Law Firm: Sheppard, Mullin, Richter & Hampton LLP - Palo Alto Office
  • All litigators face aggressive behavior from bullying opponents, witnesses, and sometimes even their own clients. At times, judges can be bullies too. Indeed, several courts have openly acknowledged the problem of incivility in the legal profession. In 1992, the Seventh Circuit’s Committee on Civility observed that “the decline of civility standards in litigation practice is among the most important and universally discussed issues facing the legal community today.” See Final Report of the Committee on Civility of the Seventh Federal Judicial Circuit, 143 F.R.D. 441, 444 (1992). Despite sincere efforts to “restore” civility, the problem remains. In California, for example, the Court of Appeal for the Fourth District fairly recently lamented that the legal profession is “rife with cynicism” and “awash in incivility.” Kim v. Westmoore Partners, 201 Cal. App. 4th 267, 293 (2011).