I imagine this as the nice way of expressing what my mom meant when she used to ask me “who do you think you are talking to?” or she warned “you better think really hard before it comes out of your mouth.” The consequences of my words back then were limited to how much trouble I was going to be in with my mom. Today, the consequences of my words and yours, as well as those in our profession, are much more substantial.
As attorneys, our words have the ability to shape public discourse — both positively and negatively. I have found that the most effective and persuasive attorneys think before they speak or act, as they are acutely aware of the consequences their words have on others. Why? Because success in our profession is largely dependent on one’s ability to persuade with words.
As we come upon an election year where the presidency, control of the senate, county commissions, prosecutor’s offices, and state and local courts are in the public’s hands, if recent political and public discourse remains the same it is sure to be ugly on all sides. As we come upon the March primary and November general election, it is my hope that we apply what we’ve learned in our profession to our public discourse.
I believe that at least locally, we have a tight-knit legal community. (I say locally because I’ve practiced in some pretty hostile counties and could not wait to get back to Hamilton County.) Attorneys here recognize that we each have a role in our legal system and even when we don’t agree, we can disagree respectfully so as to maintain relationships. We have the ability to fight it out with all we have for days on end and still go out to lunch together. We put logic in front of emotion. We care about the ultimate outcome, which often relies on restraint throughout the process. Imagine if we apply the same principles we use to be successful professionally into our public discourse and encourage our loved ones to do the same. We would have a much more productive and positive society.
How?
Get to really know and build a relationship with someone who is different than you. I’ve found it’s really difficult to demonize someone when you get to know them as a person. It amazes some that one of the colleagues I am closest with at the courthouse is of a different race and political persuasion as me. It is impossible for me to demonize her or, quite frankly, to let others do so when I know what a wonderful person she is. I hope that we all can find a friend who opens our minds and challenges us, without any expectation that we change who we are.
When engaging with others on divisive subjects, fight the urge to act on emotion, and think and respond logically. This is a skill you paid a lot of money for — use it.
Protect your mental health. Sometimes engaging is too much and it is just as sensible to gracefully bow out of the discourse.
I look forward to a year where we can learn and grow from one another, while staying true to ourselves and our beliefs.
Trotter Bratton is a judge with the Municipal Court of Hamilton County and the 2023-2024 CBA president.