Judge Jay Quam has an excellent article in the latest issue of Bench & Bar magazine making the case for more civility in litigation and a rejection of “Genghis Khan” type tactics.  His argument:  lawyers who behave badly do not increase the likelihood of winning, and only alienate the judge.

As Judge Quam puts it:  “Jerks and bullies sometimes do win cases. However, in most cases where jerks or bullies win, one of two situations exists: either the facts are so strong that they lead to a favorable result despite the hostility of the lawyer involved; or someone has to win notwithstanding the hostile approaches of all the lawyers involved. In either situation, however, the win comes not because of, but despite, the bad behavior.”

Hear, hear!