Open Letter to Opposing Counsel

Dear opposing counsel,

I was thinking about you today. I’d heard a lot of negative things about you before I had to deal directly with you, but those people were wrong. They don’t understand you. They don’t see what I see. And so, I wanted to thank you.

Thank you for how much you have taught me.  I don’t know whether you’ve realized this, but you teach by example.  I tend to get wrapped up in the facts and overly focused on what evidence I’ll use to prove those facts. I didn’t realize that I was wasting my time, and that instead of eliciting facts from a witness or introducing any evidence, I can simply ask leading questions and imply what I wish were true. Or better yet, I can testify in between questions to my witness! That’s much more efficient.

I also appreciate you explaining difficult concepts to me.  I learned about things like hearsay in law school, but never really understood them, so I am grateful that you’re willing to take the time to explain them to me and the judge. I don’t know where either of us would be without you.

Thank you for always treating me with respect. When you told me how nice you think I am before you sold me out to the judge, I don’t think you were being condescending; I think you meant it as a compliment. Or, when I asked to do closing briefs instead of closing arguments and you told me, in front of my client, that it’s because I’m afraid to go up against you, you were probably right! It’s definitely not because I wanted to avoid hearing you ramble for an hour. It’s because you are a man and I am a woman, and I am (rightly) afraid that you will do a better job than me! Although you have yet to beat me in a case, I’m pretty sure that’s because, as you told me last time I saw you, it’s because all decision makers are biased.

And finally, thank you for always keeping me on my toes. I need to be able to think on my feet, and most attorneys don’t push me to do that. For instance, I usually just prepare an opening statement, go to court, and give my opening statement. Where’s the challenge in that? When you call me a liar in your opening statement, I get to look back through my notes and decide whether to address your personal attack, or whether to just forge ahead and discuss the elements of my case. It’s the law at its best!

Hope to see you soon.

xoxo LDH