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Editor's Column

By: Sally Pretorius

About a year ago, I had the privilege of listening to a U.S. District Judge speak on a panel of esteemed legal professionals about personal interaction in the legal community. His message has stuck with me for some time now: Why aren’t lawyers today friendlier with each other? Why don’t we pick up the phone and talk to opposing counsel or try to meet with them before or after a hearing? Imagine how much more could be accomplished if we could just sit down and discuss our problems. He spoke of the “old days,” where you would grab a drink with opposing counsel after a hearing and you knew your opposing counsel personally—because it might provide some insight as to how the case was being handled.

Don’t get me wrong, I am definitely a fan of technology. I was one of the first in line to get my hands on the new iPhone, and I am currently trying to find a way to rationalize the purchase of an iPad Mini. But I do feel that technology and computers have taken away from the personalization of our practice. It is so much easier to respond to an email while waiting in line for your coffee than to wait to make a call once you get into your office. But does this type of communication work? All too often, the tone of a message can be misconstrued in email or even a letter—so much can be taken from someone’s tone of voice or body language.

Since hearing this advice, I have tried a more personal approach on numerous occasions, and it has been surprisingly difficult to do. I pick up the phone and call opposing counsel, only to be directed to their voicemail; I wait the requisite one-to-two day period for a return call that never comes. So, I send a letter or an email saying that I would like to take some time to talk to them to discuss our case and still no response. Then, I try calling to schedule a time to talk, and the response is a request to email them what I want to talk about and they will respond via email. Believe it or not, this has happened on several occasions. I understand getting agreements in writing, but can’t we just talk about the case?

There have also been some encouraging situations, when I can get opposing counsel on the other side on the phone, and it is amazing how much we can get accomplished for our clients by just talking things out and discussing what the heart of the case’s issues are. Sometimes we can work the issues out, and sometimes, of course, we have to submit the issues to the Court. But we enter the process with an understanding of the true issues in the case and a respect for opposing counsel that benefits the integrity of the legal system.

In the November issue of eNews, we are featuring great articles and I hope that as we read these articles, we will all keep in mind the power of communication and how important it is to make sure that we as lawyers never lose our greatest asset- the ability to communicate.