Respect in the Courtroom

Litigation attorney Daniel Small published a column in Massachusetts Lawyers Weekly reflecting on his experience practicing before the late Judge Joseph Tauro in the U.S. District Court for the District of Massachusetts in Boston. As he recalls, many prosecutors dreaded drawing Judge Tauro, who was viewed as strongly pro-defense and skeptical of conspiracy and white collar criminal prosecutions. Dan, however, liked Judge Tauro and learned how to work effectively in his courtroom; the key was mutual respect, built through careful preparation, sound judgment and the ability to choose which battles to fight. Dan then recounts a heated argument during a motion hearing in a U.S. Department of Housing and Urban Development (HUD) corruption case, when Judge Tauro ultimately told him to move on after acknowledging that he had made his position in good faith. The experience reinforced for Dan that respect must extend to everyone in the courtroom – from judges and opposing counsel to clerks, court reporters, court officers and jurors – and that how lawyers treat others can influence how their cases are perceived.

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