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