This Dondi had nothing to do with motions for sanctions.
In the Northern District of Texas, lawyers know what you mean when you say Dondi — behavior that only a jerk would stoop to.
Today Blawgletter got a reminder of the word’s provenance, intent, and effects. The refresher came in the form of a panel discussion by six federal judges who sit in Dallas. And it marked the 20th anniversary of Dondi Properties Corp. v. Commerce Savings & Loan Ass’n, 121 F.R.D. 284 (N.D. Tex. 1988) (en banc).
We recall highlights of the talk thus:
Judge Fish: In 1988, the lingering economic downturn from a plunge in oil prices and the savings and loan mess led clients to try to stall lawsuits. Their lawyers obliged with lots of garbage motions, particularly ones for sanctions. It got way out of hand. That prompted the en banc court to adopt standards of conduct for lawyers practicing in the Northern District.
Magistrate Judge Sanderson: I see less unprofessional conduct now than back then. The problems usually show up when lawyers don’t communicate with each other. We need to make sure we hand on to the next generations of lawyers the same noble profession we inherited from our forebears.
Chief Judge Fitzwater: Morris Harrell (a legendary trial lawyer) told a client who wanted him to act the savage that he (the client) should just let Morris win quietly. Also, contrary to a common misconception, Dondi doesn’t imply any anti-lawyer animus by the court. It instead positively helps lawyers by providing a means for persuading clients to allow them to do their jobs professionally. It also reminds the lawyers of their duties to the profession, the system of justice, and the community.
Judge Godbey: John Hill (another legendary trial lawyer) said "I’m disarmed in the face of courtesy", by which he pithily conveyed that an opposing lawyer’s jerkiness exposed a weakness that could be exploited. Dondi aimed at restoring civility partly in reaction to the new lawyer v. lawyer (instead of party v. party) model that adoption of Rule 11 introduced. Don’t try to win your case via sanctions.
Magistrate Judge Kaplan: Communication between lawyers makes a huge difference. My standing order requires genuine conferences before a lawyer can file a non-dispositive (including discovery) motion. That’s vastly reduced motion practice. A lawyer who acts like a jerk gets that reputation. Judges try not to hold it against the lawyer. And yet.
Judge O’Connor (our newest judge): I’m standing on shoulders of giants.
Our thoughts:
Dondi can seem pointless; it has no teeth. And praising its aspirations towards greater professionalism can strike one as naive.
But what does it say that every lawyer in Dallas, Fort Worth, Wichita Falls, Abilene, Amarillo, and San Angelo immediately knows what you mean when you say Dondi? It at least says we all understand that we shouldn’t act like jerks.
We (like Chief Judge Fitzwater) would like to encourage a more positive view of Dondi. Instead of thinking of it as an epithet and condemnation, how about we reimagine it as a threshold for acceptable+ behavior. Lawyers don’t just meet Dondi standards, they earn Dondi stars. Two for good, three for very good, and four for excellent. Judges and lawyers can award them.
Carrot beats stick, you know.
