Page 16 - Delaware Lawyer - Issue 2 - 2024

FEATURE | A MATTER OF MUTUAL RESPECT
Delaware lawyer, it is our job to per- suade these folks that it is in their in- terest to respect the courts, the process and the Delaware Way. If a client insists upon taking a position that is unethi- cal or arguably in violation of a court order, then it is time to sever the rela- tionship, as unpleasant as that may be. I have found that experienced, reputable co-counsel — especially ones who regu- larly appear in Delaware — can be great allies in helping to steer a difficult client in the right direction.
Exemplify the Delaware Presence in All Manner of Proceedings
The expectations for Delaware law- yers (and those admitted pro hac) for handling depositions and other formal proceedings are generally well known. Since the infamous addendum in Para- mount Communications v. QVC Net- work, Inc., 637 A.2d 34 (Del. 1984), Delaware lawyers and those appearing in Delaware proceedings have been on notice that the Delaware courts will not tolerate a lack of civility or profession- alism in such proceedings. Our judges
read deposition transcripts, but that is the least of many reasons why you should never fail to comport yourself as a Delaware lawyer in any proceeding.
As for informal proceedings — those outside the presence of a court reporter or judge — no less is expected. Meet and confers are a good example. The meet and confer has become a staple of the corporate and commercial litigation practice. Unfortunately, lawyers some- times see these calls or conferences as an opportunity to attack opposing posi- tions, or worse, their opponents, which usually results in a completely unpro- ductive exercise. My advice, handed down by mentors, is that these occa- sions offer Delaware lawyers myriad op- portunities to influence the proceeding in a positive manner that reflects the Delaware Way.
In such a situation, whether it be a meet and confer, scheduling call or the like, don’t be afraid to inject your- self into the conversation as the voice of reason. Not only that, it is your re- sponsibility to maintain a productive and professional decorum. Focus the
participants on the issues at hand, avoid and discourage the personal attacks, and politely and respectfully disagree when compromise is unattainable. Your cor- responding counsel is not likely to fault you for trying to steer matters in the right direction, especially when consid- ering that your client is paying you to guide them through the proceeding as efficiently as possible. And, for our firm, it is not uncommon that our opponents in these circumstances may be our co- counsel in another proceeding. Hence, all the more reason to put your best foot forward and show our out-of-town colleagues the Delaware Way.
Treat More Junior Lawyers and Court Staff with Utmost Respect
This should go without saying. Respect and civility are not reserved only for your contemporaries in the Bar. If we truly want the Delaware Way to continue, there is no better way than to treat the newest members of the Bar and court staff with appreciation and re- spect. Be the mentor that you may have had, and pass along the good will. The Delaware Bar remains comparatively
14 DELAWARE LAWYER ISSUE 2 2024