Kathleen Johnston Back - Ventura County Bar Association

14 CITATIONS • NOVEMBER 2008Letters to the EditorRe: Terrence Bonham’s Ab Initio ArticleDear Editor:With all due respect to my colleagues MarkHancock and Lou Vigorita, since whendid the law profession become a popularitycontest? The Rules of Professional Conductmandate that I be a zealous advocate, andif, under the circumstances, that requiresaggressive or even boorish behavior towardsa witness or opposing party, then I amcompelled to do so, irrespective of whetherI hurt someone’s feelings, violate thecultural tyranny of political correctnessor create a negative self-image. TerrenceBonham’s purpose in sharing his old warstory was to emphasize that attorneys canand should maintain professional andcollegiate relationships while at the same timezealously, even vehemently, representing theirclient. Clients come and go – but opposingcounsel will remain in the adversarial arena,so it is ultimately to the benefit of yourclients to maintain cordial and professionalrelationships. But this cordiality shouldnot leak into the battlefield. Lawyers mustrecognize and embrace the historical genesisand reality that our profession is based oncombat. The precursors to our adversarialsystem were trials by combat; with retainedchampions, essentially hired mercenaries.I have yet to meet a client seeking a nice,polite, sensitive attorney. They want ashark, a bulldog, a piranha, a pit bull.Never have I heard a client express prideand confidence that their attorney was apoodle, guppy or goldfish. We are warriorsand are expected to behave and think assuch. The fact that we can have a mutualrespect and professional courtesy betweenwarriors does not, and should not, diminishthe fact that our clients expect us to act aswarriors on their behalf. We are not in aconciliatory system; the adversary systemhas not been, nor should it be, supplantedby a collaborative model. Wishful thinkingwon’t change human nature. Our professionis fundamentally based on human characterflaws. The courtroom should not be a newagetherapy session where we get in touchwith our inner selves, with the Judge actingas some sort of spiritual guru. I come from along line of Scottish gallowglasses, who haveserved in 400 years of British confrontationsaround the world. The courtroom shouldbe a snickersnee, not a therapy couch forlawyers with low self-esteem.Very truly yours,MICHAEL L. McQUEENirwin r. “rob” miller esq.mediation • arbitrationirwin r. “rob” miller esq.mediation • arbitrationDear Editor:It is a pleasure to practice in a legal communitywith a rich history and – still – a certainlevel of collegiality like ours. I have enjoyedseeing these things reported in the “Ab Initio”pieces in this publication. With a colddrink in hand on a recent afternoon on myporch, I really enjoyed relaxing with TerryBonham’s installment. I actually laughedout loud – the old fashioned way. Thanks,and please keep the installments coming.Greg HerringWant to settle that case?A trial lawyer for over 35 years, I havesuccessfully tried and settledmillion and multi-million dollar cases.My experience and training willhelp settle your cases.• J.D. Univ. of Cincinnati-Law Review Editor• ”AV” Rated Martindale-Hubbell• Pepperdine Univ. School of Law-Straus Institute• Arbitration Panel Ventura County• Ventura Center for Dispute Settlement• Member of VCBA, LACBA• Past President Hollywood Bar Association• Million and Multi-Million Dollar Advocates Forum(805) 485-2700 Fax (805) 485-2751Email: irmmediation@aol.com • Web: irmlaw.com300 Esplanade Drive, Suite 1760 • Oxnard, CA 93036