Upon receiving a complaint from a big law defense lawyer (on law firm stationery) accusing me of being unprofessional in my blog writing, here is the response (edited somewhat to respect the privacy of the complainant).

Dear M:

I’ve written a blog for the past 15 years.  From the beginning I’ve written many things about defense lawyers who are on cases against me.  And usually though not always it is probably not welcome by them.  I describe their actions, their strategies, judge their presentations.  Once a lawyer was so angry at me that she started acting out during trial recess.  I told her – it was your choice to read that article.  I didn’t send it to you or ask you to read it.  And that is point number one.

 In the case of the X post, you were of course welcome to read it but it was not my job to make sure you liked it.  Defense lawyers have always scoured through my writings and podcasts.  They have previously told me it was quite the chore since I am fairly prolific. In any event.  In that blog I posed hypotheticals…The fact that I am a good ponderer doesn’t mean that I was writing your own thought processes.   If I had that super power I would have made statements of fact.

The purpose of the blog was not to shame you.  You should be proud of what you do.  But  I do not need to be proud of the  defense work performed by X on behalf of X (which I believe to be at odds with the interests of the good people of Seattle).  Just like my clients, I relish the power of the first amendment.  My free speech - in this case writing - is a cathartic exercise, sometimes positional, always personal. 

At the end of the day, there are surely many interesting reasons why a plaintiff lawyer like me is fighting X on this case and why you are helping your team to defend it.  And while we should strive to rub along well together professionally, there is no requirement that we be friends.

I have 35 years on you in the practice of law.  Which I’m not saying to be ageist.  But rather to make the point.  That in my mind your decision to call me unprofessional and unseemly, while in error, is one that I am willing to disregard rather than dwell on.

If you would like to discuss this with me in person – which according to our communications expert is 100% always the preferred method of first engaging in confrontation – I am more than willing to do so.

 I wish you nothing but the best in your career and hope it continues to fulfill your every hope and desire.

 karen

Photo: The imagery of sophie and her dad on the playing field = me versus big law.