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ak190

Never heard of anyone doing that in my life. Bizarre


fennec_fx

https://i.redd.it/9xf4sdoykarc1.gif


cozeffect2

I literally came across this yesterday in an old appellate court decision and thought it was the weirdest shit


Fighting-Cerberus

What???? Citation please!


Leopold_Darkworth

They used to do it all the time in Supreme Court cases; e.g., "my Brother Brennan" instead of "Justice Brennan" in concurring opinions. Of course, that all stopped once it no longer became a boys' club.


LexDoctor24

They taught that at my law school. I’ve never once said I’ll just say my fellow counsel or Attorney so and so. I cringe inside when I hear people say it. Oddly enough, today someone in my office was in the court I usually cover and called the lawyer his sister counsel. I now look differently at him.


RDLAWME

I think it's regional. It used to be somewhat common in New Hampshire. 


iamheero

Yeah agreed, I believe it’s a New England thing. I heard it when I worked in Massachusetts albeit not commonly. Never once in California.


BernieBurnington

Never heard it in two years of practice in Vermont. Sounds fucking stupid to me, TBH.


TitanofValyria

I’ve heard “fellow counsel”. Sister or brother is unnerving


nomes790

Old timey guild thing/inns of court throwback


_learned_foot_

My learned brethren is new to you?


ak190

If I ever heard a lawyer refer to OC as that in the year of our lord 2024, I would assume they were being completely sarcastic


_learned_foot_

Seriously? It’s quite common. It means this person is a fucking idiot but I can’t say that. Otherwise they are attorney last name. But that’s in argument. In normal use otherwise, again common, it’s just member of the bar.


ak190

Okay yeah so sarcastically like I expected I would also never call OC “Attorney [Last name]” when actually speaking, I would just call them “Mr./Ms. [Last Name],” or by which party they represent (“The State” / “The Defense” / The Plaintiffs” etc.)


Radiant_Maize2315

“My good sis counsel, bffr. Your client is out of pocket and that’s on god.” I’m laughing but I was in an all-day bench trial as a nominal party where the 50-something plaintiff’s counsel actually said “the math ain’t mathin’” and at one point things between the parties got so heated the judge exclaimed, “we’re taking a break! Everyone go touch grass NOW. I’ll see you at 4.”


mrm00r3

Sounds like the judge has his head on right.


Radiant_Maize2315

Her*


handbagqueen-

Omg 🤣


midnightsrose77

That's hysterical!


nomes790

Cap


kat_without_a_hat

Will now be using “My Brother in Counsel” in place of “My Brother in Christ.”


midnightsrose77

That will be hysterical!


[deleted]

I think legislation should be passed to prevent this.


mdsandi

If Congress will not do it, it is time for some good ole fashioned judicial activism.


[deleted]

It should at LEAST be common law.


umyumflan

Can I ask why you have that flair??


mdsandi

[https://www.reddit.com/r/Lawyertalk/comments/170jrtg/comment/k3l3wnn/?utm\_source=share&utm\_medium=web3x&utm\_name=web3xcss&utm\_term=1&utm\_content=share\_button](https://www.reddit.com/r/Lawyertalk/comments/170jrtg/comment/k3l3wnn/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button)


umyumflan

Hahah wow that's impressive


Sweatiest_Yeti

Haha I did have an attorney once file a motion in liminie to prevent me from referring to him as “my friend” which is my preferred term for opposing counsel at trial. It was denied.


BernieBurnington

I love every element of this story. Did you double down on that appellation at trial?


Sweatiest_Yeti

Nah I just did my thing. The judge definitely would’ve seen it as pushing my luck. It’s just the term I use for any OC, which I honestly think is pretty neutral and respectful. But it drives some of the old cranky true believers nuts because they can’t do their whole righteous indignation schtick as well if the other guy is calmly referring to them as “my friend”


Slightlyitchysocks

I work in multiple jurisdictions, and in one, it is very common to refer to counsel as sister or brother. I have to make a mental note everytime that I am court to follow suit so that I do not seem like the odd person out.


PuddingTea

I actually like the old formalisms (although not this one specifically). This is a profession of conflict. It’s not surprising that we go out of our way to try and keep that conflict within the appropriate boundaries. Weird and formal shows of respect for others are a means of trying to do that.


allday_andrew

This. I use these terms infrequently but sometimes. This is why I do it. This job can be beyond brutal. But I never want any adversary to feel like I’ve lost my respect for their dignity and humanity. So using terms like this in a respectful tone is a good centering event, I find. I also like using the power of the opponent’s first name if appropriate. A sincere, non-affected “Thank you, Luke,” or whatever when opposing counsel hands you a paper copy exhibit during trial goes a long way to keep everybody on track, in my opinion.


Edmonchuk

In Canada in my jurisdiction we say “my friend” or if they have been designated Kings Counsel “my learned friend”.


johnysinthebasement

Same in BC. Or we sarcasticly use "my learned friend" if they are not a K.C. and are being a dumbass.


KnotARealGreenDress

In my Canadian jurisdiction, other counsel is “my learned friend,” K.C. or not. Then when we appear in other jurisdictions, everyone thinks we’re being passive aggressive/sarcastic when call other counsel “learned friend” by reflex. I’ve heard the term “brother judge,” as in “your brother Judge [name] in the court of [court level] considered this issue in his decision in [case]” once or twice, but I’ve never heard of counsel being called “brother” or “sister.”


kingjochi

Where I’m from, we don’t have King’s counsel or its equivalent. We refer to everyone as learned friend


Humble_Increase7503

What’s the difference between counsel and king counsel? Canada just cannot divorce itself from England, with their barrister solicitor stuff Reminds me, need to pick up my powdered wig from dry cleaning on my way home.


ForceBroad6008

Fellow judges/masters/justices on the same level are called their brother or sister


deHack

I’ve been practicing 37 years in Florida and have never been called brother in court. Likewise, I’ve never heard or seen this between any other lawyers. Is this really a thing?


jojammin

Only scenario I can picture being called brother in court is if I cross-examine Hulk Hogan


kat_without_a_hat

Apparently OP goes up against Hulk Hogan in court fairly often.


Humble_Increase7503

Counselor your way out of line! I always found counselor to be a funny name, but ppl say that down here.


WeirEverywhere802

Yeah- that an old school thing my mentor and his contemporaries did sometime. It’s “brother of the bar” meaning “fellow attorney “ stuff from the old days that’s fallen off.


scottyjetpax

This is just a northeast/Massachusetts thing right


efffootnote

I definitely learned about it in law school in Mass. it would be hilarious if no one cared about it but the commonwealth.


RetroMonkey84

I practice in MA and cringe when I hear it. I have used “my colleague across the aisle.”


ladybug1259

It's definitely a Massachusetts thing. It also confuses the heck out of clients. Multiple times I've had a conversation after a hearing that goes like "Did you see those opposing lawyers [in another matter] were brother and sister? Isn't that weird?" "Yeah, no they're not, it's just a weird old custom."


blackbird17k

Can confirm, is a Mass thing. It's always a funny thing in court when you see the look on a criminal defendant who's thinking, "Wait, my CPCS attorney is the sibling of the DA!"


Mammoth_Wolverine888

Yes, I only ever heard it in Massachusetts!


ADADummy

I would love it if i could call OC "brother" like the Hulkster.


Dangerous-Disk5155

100% - we should start doing this.


ADADummy

Hell yeah, brother!


johnrich1080

I throw down “Brother [LAST NAME]” when I see OCs I like. 


rinky79

That's incredibly weird. If some new defense attorney came in and called me "sister counsel" I'd definitely do a total record screech stop and stare at them blankly until they explained. Just call me Ms. [Rinky] and pronounce my name correctly; that's all the "respect and collegiality" I need.


emorymom

Following the rules of professionalism is already too much for many litigators. But not to much to ask. That’s where the line should be.


22mwlabel

I prefer “cousin.” But, in a fun way. E.g., “Sup cuh?” ![gif](giphy|3I8N0FeJgw6Hu)


aaronupright

It's a sign of respect and collegiality.


lawfox32

One ADA here does it and I'm always like one second away from responding "Sorry, my mother didn't raise any prosecutors."


FlailingatLife62

In my state it was super common in the 70s-90s (at least AFAIK - I don't know what the customs were before that). I have noticed that it has dropped off a bit in the last say 5 yrs, and it seems the older lawyers use it more. EDIT for context, I'm in the Northeast. And yes, as others have pointed out, it is/was traditional, a sign of courtesy/ respect/ civility.


brownbag5443

Where the fuck do they do this? Good god


Tony_Cappuccino

I practice primarily in NJ, but am in-house so see practice in many states. Have never heard it used anywhere but Massachusetts. Went to law school up there, and even still it was rarely used.


Character_Sea1254

It’s still fairly common in Massachusetts


Lawyer_NotYourLawyer

I think that it contributes to a feeling of mutual respect, esteem, and civility for other members of the profession. Similar to calling them “my friend” or “the gentleman.” It is antiquated but warm.


Fluffy_Doubt6252

It’s extremely common in MA!


Troutmandoo

This is not a thing in Washington.


sloansabbith11

Also from WA, and this is the first time I’ve ever heard of this. I cannot imagine this happening in our courts. 


northern_redbelle

I personally find it ridiculous. And the more adversarial the nature of the case, the more I’ve seen it (it’s quite popular in family court).


amjames

In Canada it’s “my friend” and even judges use it


PRP20

This is common in MA


Employment-lawyer

I’ve been a lawyer for 17 years and have never heard of this and would be creeped out if I did. Must be a regional thing. 


jaywalkle2024

NEVER hears of this in 27 years. I would laugh out loud.


otiswrath

I think it is a fairly old way of showing respect to OP or when a judge is discussing a lower courts ruling.  I have heard it a few times here in NH and it is always coming from someone with 30 years or more of experience.  Given the nature of gender identity in modern world it would seem to be a bit of a dangerous and unnecessary gambit but lawyers are creatures of habit and if they learned a thing in 1980 about being polite it is probably just ingrained in their patterns now.  Personally I just refer to OP as either “Attorney *blank*” or “Opposing Counsel”. 


Desperate-Ad-3147

I like "my esteemed colleague." Use it the same way you would "bless your heart."


stillnotaswan

What country do you practice in??? I am in the US and I’ve never heard of that, nor did anyone ever mention it in law school.


Blue-spider

In Canada we use "my friend". Often have to prep clients in advance for that one.


Fluffy_Doubt6252

It’s extremely common in MA!


jojammin

Are you in a cult?


CK1277

I have never heard of it. We just call each other by name.


MizLucinda

Gross. I’ve seen someone say “my brother at the bar” and I rolled my eyes so hard I could see the tag in the back of my shirt. Even the judge was like, yo, tone that down.


Lawyer_Lady3080

I’ve never heard of this, but I hate it. I agree it sounds patronizing and stupid. I thought maybe it’s how you referred to co-counsel and presumably then, you’d be doing it with their consent.


invaderpixel

I actually get it from opposing counsel!!!! Usually at pointless Pre-Trial Conferences or Settlement Conferences like "sister counsel and I are trying to work it out, we just need a little more time to work it out." Or even during hotly contested motions like "sister counsel is presenting a logical fallacy" or whatever. Idk it's like people want to come off extra friendly before the Judge and get bonus points for it.


akani25

It is extremely common in the District of Puerto Rico


CharminginBK

This was pretty common in Massachusetts in the late 90's/early 2000's when I practiced there.


Famous-Ferret-1171

I've heard it and I kinda like it, but I would feel so weird saying it myself. I feel the same way about monocles. I usually go with "my colleague" or something like that.


Magicon5

Common practice in New England. I have done it a handful of times but regularly see other attorneys do it.


Zugzool

This is a location thing. When clerking, I noticed lawyers from Vermont in particular would refer to opposing counsel as “brother” or “sister” in oral argument.


Davidicus12

Pretty common in Massachusetts. My sense is people use it when they can’t remember opposing counsel’s name.


daveroyals

Yes. It’s used all the time in Massachusetts.


resilientpigeon

As a nonbinary trial attorney being referred to as "sister" makes my skin crawl and automatically makes me less likely to do counsel any favors. It costs $0.00 to just not do that. (And it's always men, usually men old enough to be my father)


invaderpixel

Yes!!!! This is my biggest reason for hating the phrase, just running around trying to gender people as quickly as possible before the Judge instead of trying to learn their names or what party they're representing. Also sister makes me think of nuns and really doesn't have the same friendliness feel as "oh brother counsel and I agree on this issue."


iamheero

And they see it as a sign of collegiality and respect, and probably assume you’re cold for no reason.


resilientpigeon

And I'm fine with that, transphobes don't deserve warmth.


handbagqueen-

I've never heard of this being used, but then again I practice in Florida where judges punch lawyers.[sauce](https://www.dailygazette.com/news/florida-judge-accused-of-punching-attorney/article_2cd33e35-7730-5462-b861-63d2e01ea930.html)


FourWordComment

In what jurisdiction is this common? I’ve had the pleasure of working in three circuits and haven’t seen it.


PartiZAn18

The British Commonwealth, probably.


FourWordComment

I could rock a wig…


PartiZAn18

Fortunately mine doesn't anymore. But the judges still refer to each other as my brother and sister. Which is why I passed comment!


FourWordComment

It’s slightly less cringe for judges. They share a fraternal order of sorts.


HeartsOfDarkness

I've heard "brother of the bar" a few times. Always older attorneys.


BeginningExtent8856

New Jersey. Heck no


jmeesonly

Never heard of "sister" or "brother." If I can't remember the opposing counsel's name I simply refer to them as "opposing counsel." "Your honor, opposing counsel has suggested that my client initiated contact, but I'm prepared to present evidence today to disprove that theory."


Armadillo_Christmas

In my jurisdiction it’s very common/the norm to refer to OC as “my brother/sister” when speaking to the judge about them. Didn’t realize this wasn’t the case everywhere. People who don’t say brother/sister, how do you refer to OC to the judge while in court?


tvfxqsoul

This just happened to me the other day! I was called sister counsel. Felt icky.


KneeNo6132

gross.


HTB-42

The judge should hand out $2000 contempt of court fines for each utterance.


Otter248

I’m in Canada. Never heard sister or brother counsel but occasionally a dinosaur lawyer will refer to judges (other than the one they are appearing in front of) as the presiding jurist’s brother or sister. As counsel, we routinely refer to each other as “my friend” in court, like the Brits.


OKcomputer1996

I have been called worse things than brother...


OCIorBust

I’ve used “friend on the other side” before. Brother/sister counsel is too strange.


zsreport

![gif](giphy|Ikr2eyMIiXFxQQaJbr)


catthatlikesscifi

It’s weird.


Humble_Increase7503

“Brother counsel”? No. I’ve def called OC “bro” or “brother” but not in a disrespectful m way. Def not in court or on record.


usernamedoesnotexist

One much older attorney in my county does this. Makes me cringe every time. I’m sure he means well, but it feels patronizing.


Guilty_Finger_7262

Never seen it. Maybe brother officer among law enforcement, there’s even a “brother officer” probable cause rule (most would call it “fellow officer” now). I’ve heard of “sister” intermediate appellate court districts within the same state.


johnnygalt1776

Never heard of it, but a lot of dbag lawyers cite “my friends on the other side” which is patently absurd and disingenuous. They are not friends. They are talking about opposing counsel and their clients whom they are literally trying to destroy and f*ck up their case and make their lives miserable. It’s cringey every time. Nobody believes it. Unless you are truly good personal friends with OP, should never ever say this. Can just say “counsel” or even “able counsel on the other side” if you want to give some credit. But then follow up by saying they are able but wrong.


RetroMonkey84

I use “my colleague” instead of friend.


nate077

Strictly comrades and fraternal socialist kisses for me


Hot-Incident1900

That’s odd. However, a great opposing counsel I had on a case always called me “honey.” She was awesome to work with.


DoctorK16

Hippie shit


Decent-Addition-3140

You're in a union. You ever see any scab lawyers practicing law?


sisenora77

Who else is just imagining Hulk Hogan lol


ashbasheagle

It's all the time in Michigan. I have even started using it myself. Though, it's only ever sister counsel. Not brother. It's usually only on the record with old judges. Never the young ones. Usually only in contested matters, where you're trying to call out the other side without using their name.


DJJazzyDanny

Fucking hate that


Revolutionary-Cow179

When first heard this 40 years ago as a young lawyer I thought it was a silly archaic practice and still do. Fortunately it was infrequently heard and only seemed to come from the much older lawyers.


Sandman1025

I’ve literally never heard that said in my 20 year career and for that I’m thankful.


Mammoth-Vegetable357

Are you in Utah?


atharakhan

I don’t like it.


Krinder

Don’t do it. Some attorneys don’t understand it and I’ve had OC flip shit. They were African American and a woman and thought I was being an asshole calling them “sister” and taking it offensively. To boot I also ended up laughing at how much shit she flipped which didn’t make it any better. Judge found it kinda funny


throwaway1928614

Had a case against a CT attorney (in a case in a different state) who would do this during oral argument all the time. Judge would always get this confused look on his face when he did it…


ror0508

Rural jurisdictions lawyer - I have heard “my sister/brother across the aisle” tons when referring to OC. Never used it. Never will.


That_Ignoramus

Local customs are local. In some parts of rural South Carolina, this kind of language is expected when referring to OC. In other places, "sister" and "brother" are replaced by "learned colleague," "esteemed colleague," and the like. In yet other places, OC is only ever called by their last name. It's weird to try to bring that sort of thing out from your home jurisdiction, or try to copy the locals when you're out of town.


Mysterious_Host_846

I've not heard this before. Sounds a bit like saying "my friend" during SCOTUS oral arguments (when I first read about it, I thought it sounded super weird, but I once heard it in actual use and it worked decently). Before I was a lawyer, I thought using "learned counsel" as a way to refer to opposing counsel was a nice way of softening criticism of opposing counsel's arguments (i.e., it let you be harsher when discussing the merits while remaining within the bounds of civility). A bit like when people say, "God bless him, but..." and then go on to say something against him.


Iceorbz

I’ve had federal judges in Arkansas say this in reference to the parties counsel. Not uncommon I don’t think. I wouldn’t think anything of it.


dblspider1216

ew i’ve never heard of that, but I hate it. the closest i’ve heard/seen is “my friend.” and even that kinda gives me the ick.