1779794619348
May 26, 2026 11:25
· 2:02
· English
· Whisper Turbo
· 2 Speakers
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Thirty years ago,
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as a young attorney,
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I was representing a Catholic school in San Francisco.
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The school had been sued by the parents of a young girl injured in a playground accident.
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As the lawsuit progressed toward trial,
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I found myself at the courthouse,
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preparing to participate in a settlement conference with the judge.
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In the stark hallway of linoleum floors and wooden benches
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sat the young girl and her parents.
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At the other end of the long hallway was the mother superior of the school,
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wearing her traditional habit and clutching a small Bible.
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When the judge was ready to see us,
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the lawyers entered the courtroom,
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leaving our clients alone in the hallway.
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And for the next several hours,
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we argued the merits of the case in front of the judge and ultimately discussed settlement
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options.
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Periodically,
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we would check out back with our clients and return to the courtroom,
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ultimately to agree on a settlement.
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I remember leaving the courtroom and informing my client,
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the mother superior,
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that the lawsuit had been resolved.
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I also remember watching tears then roll down her cheeks as
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she walked to the family to offer the school's heartfelt apology.
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As we left the building,
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she proceeded to share with me for the first time how upsetting and divisive
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this lawsuit had been for the entire school community.
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And walking back from the courthouse that evening,
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I was consumed by several thoughts.
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First, I was struck by what little attention I had given to the emotional
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needs of my client,
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viewing the conflict simply as one of facts and law.
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Second,
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my thoughts then extended to how our legal system itself devalued
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or ignored completely the emotional content of this dispute,
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literally leaving the emotions outside the courtroom.
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Historically,
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our legal system as well as society in general have devalued the role
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of emotions by emphasizing the importance of rational thought.
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We know this disconnection is at best artificial and more importantly
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does a disservice to the important role emotions play in both creating and
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resolving human conflict.
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