Yesterday I had a mediation. It was, without question, the most insane mediation I have ever attended.
As per usual, it began with an opening caucus. But instead of formal opening statements, the mediator wanted to have an informal discussion. This seemed ok because the parties already appeared close to an agreement, with one unresolved issue. It was a commercial litigation matter, so not the high emotion that one might see in a family law or personal injury case. The relationship between the parties and counsel had been cordial.
But a few minutes into the group session, and seemingly without a trigger, opposing counsel came unhinged. He suddenly started yelling at my client, leaning across the conference table and pointing his finger in my client's face.
I leapt from my seat and positioned myself between opposing counsel and my client and said in my biggest, meanest mom voice, "You MAY NOT speak to my client like that." He kept yelling, and I kept repeating myself. He stood up and I puffed up and stood my ground. He is at least 60 years old had a good 6" and nearly 100 pounds on me, but I was not going to back down or tolerate his rant.
And then he started blowing raspberries. Yes, sticking out his tongue and spitting like a preschooler. I held my ground and said (in the big mean mom voice) "That is the most unprofessional behavior I have ever seen."
Meanwhile, the mediator was trying to regain control of the room. Opposing counsel finally sat back down, but continued to blow raspberries. I stood my ground, and the mediator hustled the other parties out of the room.
In the end, the case settled and I got exactly what I asked for.
While it makes for an amusing story (much better when told in person), I wonder about the impact on my professional reputation. Opposing counsel isn't an attorney I come across often, but the mediator's firm is a peer firm in our niche industry. I hadn't worked with the mediator before, but he is well known in our niche industry, and I've worked with other attorneys in his office. I have never yelled at another attorney before, and I don't want that story going around in a way that makes me seem like the crazy one.
5 comments:
My opinion is not worth much since I am still just a law student, but . . .
I think the crazy reputation will go to opposing counsel.
And, I think I would much rather have a lawyer on my team that would not be bullied or mocked than someone who demurely smiled and waited for the mediator to intervene (hopefully).
Just my two cents, but it sounds like you were both appropriate and awesome.
Kate @ BJJ, Law, and Living
I'm pretty sure that no matter how that story gets spun, you'll look just fine.
Wow. And I thought I had crazy opposing counsel!
Sounds to me like you appropriately represented your clients. Standing your ground was the best choice in that situation! Much better than being perceived as a push-over.
blogger eats my comments boo
short version -- you rule
Thanks y'all. He sent an email apologizing. I have no idea how to respond, so I'm ignoring it. At least the case is done.
BTW, I'm having trouble leaving comments on Blogger, too. I've tried to leave a couple for you, Colleen, that have disappeared into the interwebs.
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