July 28, 2004

A Litigator's Letter

The following just got taken out of a letter I drafted to send to opposing counsel. I regret its deletion and publish it here:

During the course of our negotiations, I was treated to several unprovoked outbursts of hysterical screaming from you. Indeed, I was forced on several occasions to ask you to calm down. Most recently, on Monday, I had to suggest that due to your obvious overwrought emotional state, we hang up and continue our conversation when you had collected yourself. Based on the foregoing, and based on the vituperative personal attacks you made in your letter to me, I conclude that you have an anger management problem and I urge you to seek professional help.
Posted by Random Penseur at July 28, 2004 04:21 PM

It's probably better that you did remove it-I can't imagine anger management person's reaction to it, had you left it.

Posted by: Helen at July 29, 2004 03:59 AM

I've "disincluded" similar statements myself. It does feel good to write it out though, doesn't it?

Posted by: Jim at July 29, 2004 09:03 AM

The best is what we in the trade refer to as "fuck you letters". They read something like this: Dear Sir, Fuck you. Strong letter to follow. Yours truly, etc.

Posted by: RP at July 29, 2004 09:30 AM

My boss and I are constantly filtering letter drafts through each other, to remove any insensitive or politically incorrect statements written in a hot tempered moment.
But boy, it'd be nice to let some people have it at times!

Posted by: Mick at July 29, 2004 12:26 PM

Sounds like my best friend Carla's ex. He'd foam at the mouth when he got really angry. Eyes bulging. Just comletely insane. Seriously. A litigator too. I never saw how he acted in court, so I don't know about his professionalism there, but I do know that he would completely lose his mind outside of court when he got angry. Which is why my friend finally left his sorry ass, of course.

Posted by: Amber at July 29, 2004 02:55 PM

Yeah, always best not to send those. You never know when it will get turned against you. My policy is to curse the guy privately and the nastier they get - the more polite and professional I am in response. First - it drives the other guy nuts cause you aren't feeding the fire they thrive on. Two, it creates a nice record in the event the correspondence gets before a judge or magistrate. Its amazing how much correspondence you can get before a court in, say, motions involving a discovery dispute. Seems to me it lets the court know who and what you're dealing with.

Posted by: stolypin at July 30, 2004 10:01 PM
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