Cal. Litig. 2018, Volume 31, Number 3

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 explained—straightfor-wardly—to 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."

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