On Civility Podcast: Barry Richard on respect, rivalry, and the rule of law
Magie Ozarowski welcomes attorney Barry Richard for a conversation on civility, leadership, and professionalism in high-stakes legal practice. With a career spanning the U.S. Navy JAG Corps, leadership roles in Florida government, decades at Greenberg Traurig, and his representation of George W. Bush during the historic 2000 Florida election litigation, Richard shares insights on navigating contentious matters with integrity and respect.
When the 2000 presidential election plunged Florida into a legal and political firestorm, Tallahassee attorney Barry Richard was suddenly thrust onto the national stage. More than two decades later — and nearly 60 years into his legal career — Richard is reflecting on what that moment, and a lifetime in high-stakes litigation, taught him about civility in the profession.
In the latest episode of the Center for Professionalism’s “On Civility” podcast, “Good Lawyers Respect Each Other and the Law,” Richard joins host Magie Ozarowski to discuss professionalism, leadership, and how lawyers can represent clients without sacrificing respect for opposing counsel, the courts, or the rule of law.
A Miami Beach native and double graduate of the University of Miami, earning both his undergraduate and law degrees there, Richard moved to Tallahassee in the 1970s, practicing commercial litigation, constitutional law, election law, and appellate work. After 32 years with Greenberg Traurig, he set out his own shingle, Barry Richard Law Firm in Tallahassee.
Richard reminisces about the media spotlight on the friendly relationship between himself and David Boies, who served as counsel to democratic Presidential candidate Al Gore, during the 2000 Florida election litigation. They would get together for a beer after work at Andrew's Downtown restaurant, just steps from the Capitol.
“David is a wonderful person –– professional, ethical. Like all good lawyers, he zealously defends his client, but he doesn’t see opposing counsel as the enemy,” says Richard.
A piece of trivia that raises eyebrows is that Richard is a lifelong Democrat.
When then-Presidential nominee George W. Bush needed a lawyer experienced with election law and constitutional issues during the 2000 recount, his brother Jeb Bush, who was Florida’s governor at the time, recommended Richard.
Richard had represented clients across party lines well before 2000. Notably, when he managed a legal matter for the chair of Florida Republican Party, the chair was asked why he hired a Democrat and responded: “When I hire a brain surgeon or an attorney, I don’t ask his party affiliation.”
Richard says he represented Democratic and Republican governors, as well as people opposing governors’ key programs.
“They never took it out on me. Their attitude was, ‘You’re practicing law,’” he said, illustrating that the current expectation of political party affiliation as a requirement is a relatively recent phenomenon affecting the profession.
Richard defines civility as a “combination of the lawyers having respect for the law, respect for the institution, and respect for each other.” He says, “sometimes you don’t respect the other lawyer, but you still treat him respectfully.”
“First of all, I think you represent your client better when you act civilly with opposing counsel. You get more agreements when there should be agreements; you don’t fight over everything like an extension of time or whether or not to admit a document that there’s no reason to deny. It just saves a lot of money for your client if you’re not having a fight with opposing counsel. In addition, as I mentioned, I think most judges don’t like it when the lawyers don’t act civilly,” he says.
Most clients understand the need for civility.
“They don’t expect me to be nasty to the other lawyer. They just expect me to win,” he says.
In dealing with witnesses, an attorney must “earn” the right to be aggressive when eliciting testimony.
“I don’t think jurors ever start out identifying with the lawyers; they start out identifying with every witness, unless the witness is obnoxious,” said Richard. He says even when it does become necessary to put pressure on a witness, “you still have to do it with a degree of respect.”
Asked how he manages clients’ expectations, his answer is simple.
“I tell them about their case and how we’re going to win it, which is really what they want to know. So, you have to do your homework to do that at the beginning of the case. And then you have to give the client an honest assessment of what the strengths and weaknesses are of the case and what your initial strategy is to get them to where they want to be. You just have to continue through the case to keep making sure they understand where you are and what you’re doing,” Richard said.
Asked how he manages incivility, Richard admitted he doesn’t encounter it often.
“Once, years ago, a lawyer was being uncivil and during the break I said ‘Why are you acting this way with me? I’m just representing my client.’ He changed after that,” says Richard.
Richard also shares his thoughts about the word “zealous” in the oath and the use of technology and images in the courtroom.
His one piece of advice? “Do what you love and if you stop loving what you’re doing, do something else.”
“Good Lawyers Respect Each Other and the Law,” course #9656, has been approved by The Florida Bar Continuing Legal Education Department for 1 hour of General credit 1 hour of Professionalism CLE credit.
