Stay on your side of the line: a trial lawyer's tiff

From: M

Sent: Friday, April 30, 2021 11:23 AM

Hi Joe, Karen, and Ray:
Despite our failed mediation, I am still confident we can get this resolved.  After mediation, I ran several different settlement numbers through the L&I formula to show S’s carrier how much each settlement number would yield to J.  As much as you want to get paid, I’m sure your focus is getting a reasonable amount in J’s pocket.  Hopefully that information will be helpful, as well as our upcoming focus group.
Thanks.
M

From: Karen
Sent: Friday, April 30, 2021 1:21 PM
Dear M – You are presumptuous in saying: “As much as I’m sure you want to get paid, I’m sure your focus is getting a reasonable amount in J’s pocket.”
With all due respect, please stay on your side of the line.

Thank you,

karen

From: M

Sent: Friday, April 30, 2021 1:51 PM
With all due respect, that was flat-out rude.

From: Karen
Sent: Friday, April 30, 2021 1:56 PM

Rude is telling the other side that they should put their client’s interests first when they are well seasoned and respected counsel who always do so anyway.

We are all for continuing settlement discussions.  We are not all for letting you act disrespectfully.

karen

From: M
Sent: Friday, April 30, 2021 1:59 PM
Karen:
It was meant as exactly the opposite, acknowledging that your primary interest is taking care of your client.  Good Lord.

From: Karen

Sent: Friday, April 30, 2021 2:05 PM

Granted, if that is what you wanted to say then it was poorly written.  But you didn’t need to say it to begin with M.
Yes - Plaintiff lawyers get paid on a contingency.  What that means in our firm is that we never – NEVER – consider/look at/think about what we will get paid in relation to whether a case should settle on behalf of our client.  The two concepts are NEVER linked together not only because it would be unethical for us to do so.  But because it is morally repugnant to us.
The best thing to do is for you to apologize.  Then we can start off fresh again.

karen

From: M

Sent: Friday, Apr 30, 2021, at 5:21 PM

Apologies, karen.  I’ve worked with your firm for years and know you to be a well seasoned and respected counsel who always does so anyway.

From: Karen
Sent: Friday, April 30, 2021 2:25 PM

M  Your gracious apology is accepted.   Have a nice weekend. We can talk more next week.

Karen

From: M

Sent: Apr 30, 2021, at 5:34 PM

Phew.  You have a good weekend as well.

From: Karen [Because i always have the last word]

Sent:  Friday, Apr 30, 2021, at 5:36 PM

You too Mat.  We are all good again.

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