CIVILITY AND PROFESSIONALISM IN LITIGATION
The Law Office of Richard Scott Lysle practices courtesy, civility and professionalism. Unprofessional behavior is not a part of effective and vigorous litigation. Even in the most contentious cases, we treat adverse parties, opposing attorneys and witnesses with courtesy, fairness, respect and due consideration. We grant accommodations to opposing counsel in matters that do not adversely affect a client’s substantial rights. We do not schedule hearings, deposition or deadlines in a manner which deliberately harasses our adversaries. Litigation is a search for the truth and for justice, not a game of harassment.
Before filing a lawsuit, it is our policy to communicate with the potential defendant, to inform the potential defendant that his/her/its conduct is abusive or unlawful, and to invite the potential defendant to respond by advising us of any potential justification or explanation for his/her/its conduct. If the matter can be resolved by such communication, litigation can be avoided.
Before filing any lawsuit, we provide our clients with objective advise about the merits of their case. We also advise our clients that we regard courtesy and civility are not a sign of weakness and are expected during litigation. We advise our clients that we will not pursue conduct that is intended primarily to harass the opposing side.
We follow the Civility and Professionalism Guidelines promulgated by the United States District Court for the Central District of California.
RESPECT THE RIGHT TO A JURY TRIAL
The United States Constitution and the California Constitution guarantees that citizens have the right to have a jury decide many types of civil lawsuits. A jury is composed of ordinary citizens, from all walks of life, who contribute their time to serve their community and to serve litigants who have cases in our courts. Most jurors are busy with their family and employment responsibilities. They sacrifice time on their job and time with their family. During the jury selection process their personal lives are scrutinized by the lawyers. Their pay is minuscule. Each juror makes a personal sacrifice to ensure that other citizens receive justice in our courts.
Because jurors make sacrifices to serve our community, litigants and attorneys should make every effort to settle their just claims, including compromising their demands, before asking 12 disinterested citizens to give up portions of their lives to hear the dispute. Unwarranted and frivolous claims should not be brought at all. Before asking citizen jurors to take several days to hear your case, respect and understand the sacrifice that your jurors are making on your behalf.