CBA Record March-April 2025

LETTERS TO THE EDITOR

A Trial, a Loss, and a Lasting Lesson

Thank you for a timely article in the January/February 2025 CBA Record on bul lying. It was an excellent read, and a timely comment on the state of the practice. As Chairman of the IWCC, I have heard many complaints regarding the conduct of attorneys, as they have become increasingly combative in their attitude. This is an ongoing effort to bulldoze opponents. Your article reminded me of my younger days in the practice and my interaction with some of the greats of the Criminal Defense Bar. Each was a gentleman, and each took an interest in young lawyers. One interaction with Pat Tuite still rings in my mind, as he taught me a lesson that I have not forgotten. He and I put on a bench trial, which I thought was a winner for the State. At the conclusion of the testimony, the judge stated that he had a reasonable doubt as to the guilt of the defendant, announced a verdict of not guilty and walked off the bench. I was flabbergasted. Later that afternoon, Pat called my office and I hesitated to take his call, as I was certain that he was calling to rub in my loss. When I answered the phone, he greeted me in a manner that I have never forgotten. He said: “Michael, thank you for taking my call. I just wanted to congratulate you on putting on an excellent case. I know that you are disappointed, but I also want you to continue to be a friend as we are colleagues in the same profession.” He then spoke of a similar experience that he had as a young lawyer, where he had a crushing loss and an older attorney called to congratulate him on his effort. He also told me that the older lawyer reminded him that we are all colleagues in the same profession and there is no reason why we cannot be friends. With this lesson in mind, Mr. Tuite asked that I do the same in the fuure. Since that time, I have attempted to impart the same lesson to younger attorneys. Since my appointment to the IWCC, I have spoken of my experience, to remind all attorneys that we are colleagues in the same profession, not always opponents. My hope is that with a little prodding most attorneys, but probably not all, will remem ber to be civil to one another, as we are all members of the same profession.

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4 March/April 2025