Page 10 - JanuaryFebruary26 Report

3.Start sentences with “please”
in emails instead of asking
questions
I generally try to start emails with
a “please” statement instead of a ques-
tion mainly because I receive better and
less defensive responses from opposing
counsel. Let’s use the example of where
an opposing party promises something
by a certain date and doesn’t deliver by
the promised date. Instead of sending an
email that says, “You promised me the
discovery responses by Friday. What is
the status of the discovery responses?”
try “Please let me know the status of
the discovery responses.” I have gener-
ally received timely and more fulsome
responses when using the “Please” version
of following up instead of questions.
4.Always shake opposing coun-
sel’s hand after hearings
Ohio Supreme Court Justice Pat
Fischer has long promoted shaking
opposing counsel’s hand after hearings as
a means for promoting civility within the
inherently adversarial practice of law. I am
in total agreement with Justice Fischer on
this point. Having appeared before many
courts with various opposing counsel,
I have made it a point to always shake
opposing counsel’s hand after a hearing
and wish him/her well for the rest of the
day. This is a small step that goes a long
way in showing that even if we vehemently
represent our respective client’s interest in
arguments before the court, we are all still
human and have a base line of respect for
our adversaries.
Adventures
5.Civility benefits your client
The practical reality is the vast
majority of cases (especially class action
cases, which consist of most of my firm’s
cases) settle rather than proceed to trial.
Understanding this reality should inform
our approach from day one. In my expe-
rience, civility and professional courtesy
consistently lead to earlier, more favorable
settlements for clients than scorched earth
tactics. When opposing counsel trust each
other and communicate openly, settle-
ment discussions are more productive and
creative solutions emerge more readily.
Conversely, when attorneys adopt unnec-
essarily adversarial approaches, they often
create personal animosity that becomes an
obstacle to settlement—even when both
sides recognize that settlement serves
their clients’ interests. The irony is that
lawyers who pride themselves on being
‘tough’ through incivility often delay the
inevitable settlement, rack up unnecessary
fees, and achieve worse outcomes for their
clients. Civility isn’t about being weak or
compromising your client’s position—it’s
about being strategic, professional, and
ultimately more effective in achieving
your client’s goals. The practices outlined
above have consistently helped me main-
tain productive relationships with
opposing counsel while zealously advo-
cating for my clients. Civility and effective
advocacy are not mutually exclusive—in
fact, professional courtesy often makes us
more effective advocates.
Terry Coates is the managing partner of Markovits,
Stock, and DeMarco, LLC, the President-Elect of the
Cincinnati Bar Association, and Executive Director of
the Potter Stewart Inn of Court.
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10 | january/february 2026 cba report