A modest proposal to measure and manage bad behavior by lawyers

Lawyers' Forum

By Thomas E. Patterson

Thomas E. Patterson has practiced law in Chicago for more than 30 years, primarily representing businesses, professionals and entrepreneurs in commercial litigation. In 2009. the American Bar Association published his book, “Handling the Business Emergency: Temporary Restraining Orders and Preliminary Injunctions.” He is a frequent speaker on the Continuing Legal Education issues of ethics, breach of contract, emergency business litigation remedies, insurance coverage lawsuits, shareholder and LLC-member disputes and commercial real estate lawsuits. His website is pattersonlawfirm.com; he may be reached at (312) 223-1699 or tpatterson@pattersonlawfirm.com.

Posted January 13, 2016 2:31 PM

Bullying, boorish and unethical behavior works, sometimes.And if it works sometimes, say, if out of 100 negotiations, motions, depositions or trials, a competent and professional lawyer wins 50 and the unprofessional lawyer wins 51, he is ahead of the game. It isn’t necessary that he win every time to justify such behavior; it is just essential that he win one more than he would have without such behavior, and not lose any because of it.Currently, only sanctions motions and private retaliation are available for …

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