Take Your Adversary to Lunch
Amy Durrence Fellows LaBriola adurrence @ fellab. com
Many present-day litigators seem to be of the opinion that a hardnosed, unyielding and contentious approach to litigation is one of strength, and that anything less indicates weakness. Whatever caused this approach( popular depictions of trial attorneys, firm culture, or otherwise), most litigators— civil litigators in particular— are familiar with it. For instance, most of us are familiar with the old adage that there is nothing“ civil” about the way that civil litigators treat one another. While certainly not always the case, aggressive and“ scorched earth” approaches to civil litigation
are more easily carried out from behind computer screens through harsh letter and email exchanges and brief-writing practice rather than face-to-face interactions. Civil litigators simply do not have the same opportunities to interact in person with one another as do, for example, their criminal law counterparts( who are perceived as having much healthier interactions). This problem is exacerbated in a large city like Atlanta, which has an extensive bar, because two civil litigators may only ever oppose one another in a single case over the course of their entire career. Thus, some civil attorneys are left wondering, why make the extra effort to foster a positive adversarial relationship? Of course, the attorney, her client and the bar in general reap the benefits of professionalism between litigators. For instance, an attorney has a lasting benefit to her reputation, her clients may benefit from her ability to short-circuit posturing on both sides thus saving time and expense, and the bar in
“ The goal of the program is simple: to enhance professionalism and put the civility back in litigation.”
general benefits from a more cooperative and collegial environment.
In order to foster professionalism amongst litigators, twenty years ago, the Atlanta Bar Litigation Section began its“ Take Your Adversary to Lunch” program. The goal of the program is simple: to enhance professionalism and put the civility back in litigation. The brains behind the idea, Craig Goodrich, had only
one agenda item:“ to break bread together.” The program provides a simple structure to encourage positive, non-acrimonious interaction amongst current and former adversaries by offering incentives to attorneys for simply taking an adversary to lunch / coffee / cocktails / etc. These interactions provide adverse attorneys with an opportunity to interact face-to-face in a non-adversarial setting. The result is the humanization of both sides, and is often a big step toward civil and professional treatment between adversaries.
However, while the program can get adversaries across the table from one another, whether those interactions result in lasting benefits is up to the attorneys. Here are just a few testimonials from attorneys who felt as though the“ Take Your Adversary to Lunch” program benefited their practice:
When speaking about the program, Mr. Goodrich said that he came away from his lunch“ feeling that an adversary had become, if not a friend, a fellow colleague at the Bar.”
Christina Baugh, current chair of the Litigation Section, stated that in her own experience:“ Over the years, I have invited adversaries to participate in TYAL with whom I got along with before the lunch, and those with whom I have not gotten along with prior to the lunch. Ultimately, I end up enjoying lunch with both types of adversaries. And while no one is expected to capitulate in litigation just because you have shared a meal, it is amaz-
16 March 2017