The Volokh Conspiracy
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Advice to Lawyers from a Judge
From Judge Thomas B. Smith's decision last week in Doscher v. Apologetics Afield, Inc. (M.D. Fla.):
The Court has quoted from only three of the many childish emails [Doscher] and Livingston have exchanged. Obviously this needs to stop. Both sides need to learn that frequently the best response to immature behavior is to ignore it. Don't react, don't sink to the other side's level, don't try to fight fire with fire. There are disagreements in every case, that is what litigation is about. Most adversaries work out their disagreements while remaining calm and professional. Doscher and Livingston are admonished to discontinue this dumb conduct, work on their demeanor, and behave more maturely than they have to date. The Court hopes this rebuke will be sufficient to address the situation and on this basis, [Doscher's] motion for sanctions is DENIED.
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