The Volokh Conspiracy

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Judges Really Don't Like This

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From Judge Jamal Whitehead (W.D. Wash.) yesterday in Wright v. State Farm Fire & Casualty Co.:

This matter comes before the Court on several discovery-related motions ….

Counsel for the parties have traded barbs in their briefs and during oral argument about each other's lack of professionalism and motives, and they offer competing accounts about their meet and confer efforts and who is to blame for a breakdown in communications. Counsel must act with "a high degree of professionalism and collegiality" during any meet and confer. LCR 1(c)(6). Regardless of whose story is to be believed, counsel fell short of this standard here.

Expletive-laden phone calls, hang-ups, backing out of prior agreements without explanation, and misleading emails purporting to "memorialize" phone calls demean the integrity of the legal process and show disrespect to all concerned, including the Court in having to resolve petty disputes. Let it be clear: the Court will not tolerate such conduct moving forward and it expects all attorneys to adhere to the highest standards of professionalism, civility, and ethical practice moving forward.

Setting aside the parties' hyperbole and bluster, the various phone calls, letters, and emails submitted into evidence show that the parties have discussed the issues raised in their respective motions and that they've hit an impasse, requiring judicial intervention. Thus, the Court finds that the parties have satisfied the meet and confer requirement with respect to the motions for a protective order and to compel, even if just barely.