Reply to Blake Lively- Jason Baldoni and NYT

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[quote=Anonymous][quote=Anonymous]Serious question, especially for other attorneys here, but really for anyone:

I think that the pleadings filed by Baldoni's team regularly contain barbed, hateful little comments about the opposing side -- either Blake Lively, Ryan Reynolds, or the legal team itself.  There were so many of them in this most recent filing from Shuster (arguing against Lively's PO re deposition location) that I and others noticed that it made them sound like they weren't taking Lively's security concerns seriously, and that they would be happy if something bad happened to her.  The [i]tone[/i] of the brief seems like it negatively affected the outcome.

I understand some of these barbs are included in Reynolds' briefs too, but there are far fewer of them on the Lively side, in general.  They are all over the Fritz and Freedman filings, and were even in some of the more recent Garofalo filings (which disappointed me, I thought she was going to be the voice of reason for Baldoni!).

Most lawyers don't write like this.  Briefs are more like online comments in regulated communities:  No personal attacks, no snark, don't make it personal, address the merits of the arguments and not the people who are making them.

My question is a two parter:

(1)  Why?  Why do so many people on Baldoni's team take this more personal approach to the legal arguments?  You may run into one or two people at a normal law firm who do this, but it is rarely the approach of all the lawyers on a team.  Does everyone at Meister Seilig and Liner Freedman usually write like this, or is someone coming in and adding these snipes after the "normal" draft is circulated?

(2) And why do they keep doing it with a judge like Liman, who doesn't seem to like it?  Have they not noticed that Liman isn't vibing with this approach?

My own view is that Baldoni's team seems to be writing their briefs more for their fans on Reddit than for Judge Liman.  And hey, THEY'RE KILLING IT ON REDDIT lol.  But it's having terrible results for them in the lawsuit, so why do they keep it up?[/quote]

Have you not read any of Lively’s briefs?[/quote]

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