Cal. Litig. 2018, Volume 31, Number 3
- A Dozen Brilliant Litigation Strategies That Backfire in Arbitration
- Editor's Foreword: Full Courts
- From the Section Chair Looking back; looking forward
- New Liberty From Liability Insurance Coverage Worries
- Past Chairs of the Litigation Section
- Past Editors-in-Chief
- Resolving Discovery Disputes in Federal Courts
- Strengthening the Civil Jury
- Table of Contents
- Ten Tips for Writing a Winning Arbitration Brief
- The California Supreme Court, 2017-2018: Coping With a Short Bench
- The Justice of Contradictions: Antonin Scalia and the Politics of Disruption by Richard L. Hasen
- What Is Neutral-Driven Dispute Resolution (Ndr) and When Do I Need It?
- The E-Word: Emotions, Women, and the Law
The E-Word: Emotions, Women, And the Law
By Marie Jonas
Most female attorneys have dealt with this issue in one context or another: use of the "E" word. Emotional.
My most memorable experience with the loaded adjective came in the context of an exchange of heated discovery meet and confer letters (everyone’s favorite) in my sixth year of practice. I had explainedâstraightfor-wardlyâto opposing counsel that his lack of understanding of electronic discovery and repeated production of potentially privileged materials could create malpractice risk. In reply, he attacked, not the content or merits of my argument, but rather my condition: the language in my letter was "indicative of some emotional involvement" that I had with the case, which made "moving forward difficult."