Who We Are
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| John G. Browning is a Partner at Spencer Fane LLP. McLachlin |
“It takes years to build a reputation, but that reputation can unravel with frightening speed based on one ill-advised act or statement—particularly in the Digital Age,” says John G. Browning, a former justice on the Fifth Court of Appeals in Dallas.
A litigator’s reputation is critical, both inside and outside the courtroom, and at the end of the day, it is all he or she has, says John G. Browning, a partner at Spencer Fane in Plano, a former justice on the Fifth Court of Appeals in Dallas, and a Texas Lawyer columnist.
“Earning and sustaining a reputation with opposing counsel as someone who shoots straight but who demonstrates civility and an adherence to our ethical codes will pay dividends in cases down the road,” he continued.
“Having a reputation in the courtroom for candor and avoiding petty discovery squabbles enhances one’s credibility when one is before the court with valid concerns that require judicial intervention.”“It takes years to build a reputation, but that reputation can unravel with frightening speed based on one ill-advised act or statement—particularly in the Digital Age,” Browning said.
“Earning and sustaining a reputation with opposing counsel as someone who shoots straight but who demonstrates civility and an adherence to our ethical codes will pay dividends in cases down the road,” he continued. “Having a reputation in the courtroom for candor and avoiding petty discovery squabbles enhances one’s credibility when one is before the court with valid concerns that require judicial intervention.”
“It takes years to build a reputation, but that reputation can unravel with frightening speed based on one ill-advised act or statement—particularly in the Digital Age,” Browning said.
You don’t want to be the lawyer who cried wolf, warns Browning.
Building A Reputation
Attorneys build their reputation by embodying the Texas Lawyer’s Creed—by being civil and respectful toward one’s adversaries and opposing litigants, says Browning.
“You can disagree without being disagreeable,” he said. “And in front of judges, don’t just pay lip service to the duty of candor.”
“As a young lawyer in a products case, I had a hearing on my motion, and while preparing the night before learned of a new decision that had just come down that was binding authority that completely undermined my argument,” he said. “Opposing counsel hadn’t picked up on it.”
“The next morning, I brought a copy of that opinion to court, and before I could bring it up the judge asked if either of us were aware of any contrary authority,” he continued. “My adversary shook his head no, and I spoke up about the new case, provided the opinion, and did my best to distinguish it from the present case. I lost the hearing, but ultimately won the case, and I believe being viewed as credible and candid by the presiding judge played some part in that.”
Losing and Repairing Your Reputation
To avoid getting bench-slapped, there are several things you should avoid doing in the courtroom, says Browning.
“Don’t waste the court’s time with frivolous motions or reiterations of the same failed argument, and always be respectful toward both opposing counsel and the court,” Browning said.
“Snarky personal attacks don’t help your cause,” he added. “Most judges exhibit patience, but don’t tax that patience by repeating the same unsuccessful argument over and over again. Professionalism matters.”
If you have been bench-slapped, repairing your reputation takes time and may well depend on the extent to which the judge was perceived as having a bad day himself or herself when it was issued—judges are human, too, says Browning.
“Remember, judges talk, and it matters when the counsel appearing before them has a good reputation and credibility,” he warned. “Lawyers need to be particularly sensitive to the risks of social media and venting online about a judge or ruling. The lightning-fast speed and reach of online communications shouldn’t be underestimated, and lawyers need to be mindful not only of their own reputations but of the very real risk of violating disciplinary rules when it comes to discussing a case online or impugning the credibility of a judge.”
“There are many cautionary tales of lawyers who’ve learned this lesson the hard way, like the Florida lawyer who referred to a judge online as ‘an evil, unfair witch,’ Browning said.
