Page 13 - Delaware Lawyer - Issue 2 - 2024

I agreed, thinking it might be fun and interesting to see how law was practiced in a different jurisdiction. Soon after being admitted pro hac and temporar- ily relocating for the trial, I came to the stark realization it wasn’t much fun at all — the professionalism, courtesies and norms that I had become so used to in Delaware were missing. The lawyers on the other side were pleasant enough, but one had the feeling this case was personal for them. There was no mu- tual trust; collaboration of any sort was out of the question; and all pre-trial disputes had to be taken up with the
already busy judge, who clearly had more weighty matters to handle.
In short, I was totally stressed out and could hardly sleep at night. Fortu- nately, the case settled before trial, al- beit with a less satisfying result than I had hoped for. In looking back on the episode, I am reminded that whatever “The Delaware Way” may mean, this decidedly was not it. I vowed to never again take a case outside Delaware, and to this day I haven’t.
So, what is the Delaware Way, and why does it matter? I don’t purport to be an authority on the subject; however,
having been a corporate and commer- cial litigator in Delaware for many years now, I can — perhaps — point you in the right direction and provide a few exemplars.
The Delaware Courts
I’ll start with our courts. We are blessed to have, from the top down, judges who set the tone at every op- portunity. Our merits-based appoint- ment system has produced exception- ally hard-working and gifted jurists who accommodate the parties’ scheduling needs (whenever possible) to ensure that all matters are given due consider- ation.
Many of the filings and motions made in the Court of Chancery and the Superior Court Complex Commercial Litigation Division require counsel for the parties to agree upon briefing and other scheduling orders. We’ve all been subject to the haggling that sometimes accompanies scheduling orders and the like. But I have never seen a motion or case decided in Delaware on the basis of which side got the better of a schedule. And that is because our judges invari- ably “dig in” and give each matter due consideration. Secure in the knowledge that litigants will always get a fair shake in Delaware, we don’t need to dwell on every little scheduling nuance and can work towards a fair and mutually accept- able schedule. This is the Delaware Way of scheduling, thanks to a superb bench.
Recent years have seen an increase in public criticisms by litigants of certain rulings. As for the critics, my personal view is that there will always be the few malcontents. And if they don’t believe they received a fair shake in Delaware, unlike the vast majority of litigants whose disputes are resolved here every year, they should take their football and go home (wherever that may be). Our judiciary has demonstrated incredible professionalism in the wake of these
ISSUE 2 2024 DELAWARE LAWYER 11
BOB CRAIG