Tuesday, November 25, 2025

Shoot the Lawyers?

Most people believe that Billy Shakespeare did not care much for lawyers. In Henry VI (1590), a butcher utters the phrase “The first thing we do is, let’s kill all the lawyers.” Many have used the phrase to infer the author's distaste, but scholars contend this is actually
"a complicated phrase that (somehow always) refers to the importance of maintaining a fair rule of law that protects the people."
You can read Henry VI yourself and make your own assessments of the statement, the butcher character, and Shakespeare's intended message. There is much in the world of literature, and whether Billy wrote this one or not, Henry VI is a good read.

Back in 2023 a Judge in rural Florida (Wakula County) was honored by the American Judges Association for "judicial courage," and in the same news release, he was recognized as honored by the American Board of Trial Advocates (ABOTA) as the 2022 Trial Judge of the Year. This is impressive, only more so for a judge on the bench since 2020.

Fast forward a couple of years, and in 2025, the same judge "recuses himself (and) apologizes" following comments in a proceeding. There, apparently, two siblings were litigating ("feuding") about their mother's estate. The judge reportedly told "lawyers in his courtroom ... that he wanted the deputy to 'pull his gun and shoot' them" (the lawyers). No reference was apparently made to Billy or Henry.

This is not the first judge to be frustrated with litigants or lawyers. One had a "feud" with an attorney's office. See What did I just Say? (January 2019). Another had the public defender handcuffed. Judge Handcuffs Attorney (August 2016). And yet another challenged a lawyer to a fight. See A Recap and Result of the Judicial Viral Video of 2014 (January 2016). Yes, there have been a few irritated or aggravated judges over the years. 

A summary of the most recent incident, provided by The Florida Bar News, said that the judge's apology for his comments was "rare," and that he "recused himself from several cases" after his comments. The story misstates that the lawyers "asked ... (the judge) to recuse himself." Though it is too often referred to as "recusal," when such a request is made, it is legally a motion for "disqualification." 

Don't feel bad if you cannot remember the distinction between those. Many judges of extensive tenure either cannot understand the distinction or simply choose to ignore it. 

If you have never been to Wakulla County, it is south of Tallahassee, Florida. If it were not idyllic enough, there is a town there actually called "Panacea." What could be more comely than that? That said, what would drive a judge in such a nice place to such frustration, agitation, or exasperation?

There is stress in litigation. Lawyers know it, parties show it, and too many are too quick to forget that it impacts the judiciary as well. Stress is not uniform in its depth or import, but it is universal in litigation. The very definition of litigation is disagreement. The rules of The Florida Bar (Rule 4-1.3, and Preamble) justify "zeal" and "zealousness." The lawyers each come to win.  Their individual drive creates pressure.

Everyone involved is experiencing pressures in the litigation, and whether you want to admit it or not, we all experience stress in our day-to-day. That is, as they say, what it is. There are deadlines, there are trips, and even falls, mistakes, misstatements, and challenges. To paraphrase an old saw: "dying is easy, litigation is hard." 

Stress affects us all. We are all human. This exemplary judge has stumbled. Exemplary? Note that the judge has published articles in various publications such as the Wakulla News, Tallahassee Reports, and Capitol Outlook. His biography in those lists him as "a bestselling author and public speaker. He serves as the Circuit Judge for Wakulla County, Florida." 

Exemplary indeed. This is a public servant. An exemplar. And yet, on a given day with various stresses, he said an untoward and unfortunate thing. He then regrouped, led with an apology (always a good start), and afforded the affected parties relief through recusal (another good move). You will trip periodically; follow his example.

No, we shan't "kill all the lawyers," or threaten them, cuff them, or challenge them to fights. We shall, instead, maintain our best composure, take breaks when needed, and strive to be our best while recognizing we are human, imperfect, and challenged. We will make every effort to be cordial, correct, and consistent.

Despite that, we will fail periodically, no matter how good we are or how hard we try. Let us each strive then to remediate, and grant us the individual strength to grant ourselves grace to accept our humanity, to get up, and to begin again. The parties and lawyers deserve that, and the rest of us both expect and respect that. 

Let's not "kill all the lawyers," and let's not beat ourselves up for being human.