The obligation of our profession is, or has long been thought to be, to serve as healers of human conflicts. To fulfill our traditional obligation means that we should provide mechanisms that can produce an acceptable result in the shortest possible time, with the least possible expense and with a minimum of stress on the participants. That is what justice is all about.Chief Justice Warren Burger.

I was reminded of Justice Burger’s statement when I read about a case which had recently been decided by the appellate court. Apparently the parties were working fairly amicably with each other and close to wrapping up the divorce when the wife suddenly changed attorneys. The divorce proceedings spun out of control as the wife’s new lawyer wrote “outrageous” letters and briefs which “served only to prolong these proceedings and waste the parties’ money.” He sent nasty letters to the husband’s attorney. One letter said “perhaps we should start sending my friends, Vito and Luigi” to the husband’s house.

The wife had filed a request for attorney’s fees which was denied by the trial judge who stated this attorney’s “course of combative and obstreperous conduct only serve[d] to waste the court’s time, escalate attorney’s fees, inhibit any settlement possibilities and inflame the emotions of the parties.”

The appellate court sent a copy of its decision to the California State Bar for further disciplinary consideration.
Attorneys should attempt to help their clients resolve the conflict; not increase it.

Abe Lincoln got it right when he wrote:

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.