The axiom “the best defense is a good offense” seems to be practiced ever more frequently in litigation these days. It’s not terribly clear how effective the tactic is, but civility in litigation certainly seems to be waning, particularly among the well-known.
Consider these examples from the past few months:
Other entertainment and sports figures have defended criminal cases by alleging that those who have brought criminal complaints against them are actually just trying to shake them down.
The temptation to go on the offense hasn’t stopped there. A management advice book written by Thomas Neff and James Citrin received a favorable reception. Until Michael Watkins claimed that the Neff-Citrin book contained extensive parallels to two books of his own. Watkins said he was thinking of suing Neff-Citrin for copyright infringement. Meantime, Watkins wrote complaints to persons who had written endorsements for the book’s jacket. Now Neff-Citrin and their publisher are considering a possible defamation suit. There seems to be little doubt that if one side fires the first shot by filing suit, the other side will shoot back.
Whatever happened to the old days when you had a plaintiff and a defendant? Even parties who feel they are the victims or aggrieved ones now find themselves on the defensive.