A Tribute To A Litigator

George Burns once said: “Every day I read the obituary page. If my name is not there, I shave.” I often read obits when it is a slow news day as I find it intriguing how a lifetime of work can be condensed into a few paragraphs. This past week, I read an item in the Boston Globe about Attorney Joel Kozol. Mr. Kozol was apparently a well-known and respected member of Boston’s legal community. Apparently he had a reputation as one who could negotiate settlements without going to trial. A son of Mr. Kozol put it this way: “If there was a way to resolve it smoothly, and with gentle gloves on, he knew how to do it.”

Mr. Kozol apparently was a master at the art of cross-examination but yet his reputation was built on the ability to avoid trials. Apparently, even successful attorneys do not relish the thought of taking their clients into trial situations so long as settlement is a possibility.

A trial is not the option of first resort; it is the option of last resort. “Gentle gloves” can bring results that make a trial unnecessary. Don’t have “gentle gloves” handy? Try mediation. It is the least intrusive, and most efficient way, of getting positive results. Mediate don’t litigate.

Martin Rosenfeld, JD is a family attorney and divorce mediator with a practice in Fair Lawn,NJ. He can be contacted at: Rosenfeld@Juno.Com; 201.794.4545