Panelists at a recent Dean’s Forum at Michigan Law were the Hon. Stephanie Dawkins Davis (center) and the Hon. Chad A. Readler, both of the U.S. Court of Appeals for the Sixth Circuit. The Q&A discussion was moderated by Professor Nicole Appleberry.
By Bob Needham
Michigan Law
Learning how to respectfully disagree and understanding opposing viewpoints is a critical skill for everyone—but especially for lawyers, according to speakers at a recent Dean’s Forum.
The “Dialogue Across Difference” event brought two federal judges to Michigan Law to discuss how lawyers can listen constructively and disagree thoughtfully in polarized times. The forum highlighted the role lawyers play in sustaining trust in legal institutions.
“The law has always evolved through disagreement—through the testing of ideas, reasoned argument, and a shared commitment to process,” said Neel Sukhatme, David A. Breach Dean of Law, in his opening remarks. “The ability to engage across difference is not separate from the practice of law, but central to it.”
“Part of becoming a lawyer is learning how to engage with people whose experiences, assumptions, or conclusions may not mirror your own, while doing so with respect, curiosity, and intellectual generosity. That skill will serve you whether you pursue public interest work, private practice, government service, or the judiciary.”
Panelists were the Hon. Stephanie Dawkins Davis and the Hon. Chad A. Readler, ’97, both of the US Court of Appeals for the Sixth Circuit. The Q&A discussion was moderated by Professor Nicole Appleberry, ’94.
Davis began her career in private practice at Dickinson Wright in Detroit before joining the US Attorney’s Office for the Eastern District of Michigan, where she served for more than 18 years in both the civil and criminal divisions. She later served as a magistrate judge and then a district judge in the Eastern District of Michigan before being elevated to the Sixth Circuit in 2022.
Readler clerked for the Hon. Alan Eugene Norris on the Sixth Circuit before spending nearly two decades at Jones Day in Columbus, where he became a partner in the firm’s issues and appeals practice. He later served as acting assistant attorney general for the Civil Division in the US Department of Justice. He was appointed to the Sixth Circuit in 2019, and he also is a lecturer at Michigan Law.
Among the questions the panelists addressed:
—————
If there are different opinions on the court, how do you work through that disagreement?
Readler: Even if you agree with someone on almost everything, there will be cases you disagree on. The closest (comparison) is your family. You have disagreements in your family, and people typically have opinions and they share them.
That’s kind of how I think of the court. Like a family, we are together and we’re a team. We really do try to work things out as much as possible, even when there’s some disagreement.
Davis: The vast majority of our decisions are unanimous. We agree on most things. The reason for that is because of what you are all learning right now in law school, which is precedent. I feel like precedents are guard rails on how far a disagreement can go.
After we hear a case, we conference; the three-judge panel sits together and discusses the case. But before we ever get to that point, a lot of us will share memos put together by our law clerks that often reflect how the judge is viewing the case, at least going into the argument. That’s helpful, because if you’re coming from a different perspective, it will cause you to stop and tease out, “Do I agree with what the law clerk has said here?”
These decisions are not personal, and I think that all of us work really hard to keep that in mind. That’s also helpful in terms of really engendering collegiality and being able to get past differences.
—————
What helps you in those difficult moments?
Readler: We typically have the benefit of time because we write opinions, and that can take months and months of drafts and revisions. So if there is tension, we just don’t go on Twitter and type out an opinion, as the rest of the world does.
That’s very helpful.
I recognize we’re going to disagree as part of the job. I’m actually very interested in hearing what my colleagues have to say. I really enjoy understanding why people think what they think. We need to be very curious about what each other
thinks, even if at the end of the day we’re going to disagree.
Davis: I had two really good friends when I was in law school. We always studied together, and we would battle about cases. It was really helpful for us because it helped us to elevate our own thought processes, to see the doors that we didn’t see, to consider a perspective that we had not considered.
That became my regular way of doing things as a trial attorney. On the court it is similar. If you’re constantly asking yourself if there’s another way to approach this—if your mind is open in that way—then when you get some thoughts from one of your colleagues that are different, you’re open to it.
—————
When you are speaking with somebody who has a different perspective and they’re not really able to hear you, how do you handle that?
Readler: You can write a letter and put it in your desk and never send it, or write a draft email and never send it. I will admit to having done things like that before. It will help clear the mind. Time always helps calm things down.
Davis: Aside from the letters that go in a drawer, sometimes we write letters to one another if there is a specific point that we disagree on to say, “Hey, here’s what I’m thinking on that issue.” If you take the time to write a letter, you tend to be more thoughtful about it. It also gives the recipient time to understand the other perspective.
What is your best advice to law students?
Davis: If you’re in law school, I bet you care a lot about this country, and that is admirable. You can care deeply about an issue, and you can do a lot to affect that issue outside of the law and inside of the law. But it’s important for you to understand the frameworks that we work within.
Our norms are important. They are one of the things that make our legal system still the greatest in the world. If you remain committed to that, I think that you will be effective and you’ll also be a well-rounded person.
Readler: You can use your legal skills in so many different ways. You should never feel trapped in one career. You should try to use your law skills professionally and personally—volunteer; get involved in local organizations, politics, your church, whatever it is—because you have this great skillset.
The number-one skill you should think about as a lawyer is being curious. Don’t just accept everything at face value. Think about other ways you can perceive things. I almost guarantee you’ll find another approach, and that’s true in your career and in your life.
Michigan Law
Learning how to respectfully disagree and understanding opposing viewpoints is a critical skill for everyone—but especially for lawyers, according to speakers at a recent Dean’s Forum.
The “Dialogue Across Difference” event brought two federal judges to Michigan Law to discuss how lawyers can listen constructively and disagree thoughtfully in polarized times. The forum highlighted the role lawyers play in sustaining trust in legal institutions.
“The law has always evolved through disagreement—through the testing of ideas, reasoned argument, and a shared commitment to process,” said Neel Sukhatme, David A. Breach Dean of Law, in his opening remarks. “The ability to engage across difference is not separate from the practice of law, but central to it.”
“Part of becoming a lawyer is learning how to engage with people whose experiences, assumptions, or conclusions may not mirror your own, while doing so with respect, curiosity, and intellectual generosity. That skill will serve you whether you pursue public interest work, private practice, government service, or the judiciary.”
Panelists were the Hon. Stephanie Dawkins Davis and the Hon. Chad A. Readler, ’97, both of the US Court of Appeals for the Sixth Circuit. The Q&A discussion was moderated by Professor Nicole Appleberry, ’94.
Davis began her career in private practice at Dickinson Wright in Detroit before joining the US Attorney’s Office for the Eastern District of Michigan, where she served for more than 18 years in both the civil and criminal divisions. She later served as a magistrate judge and then a district judge in the Eastern District of Michigan before being elevated to the Sixth Circuit in 2022.
Readler clerked for the Hon. Alan Eugene Norris on the Sixth Circuit before spending nearly two decades at Jones Day in Columbus, where he became a partner in the firm’s issues and appeals practice. He later served as acting assistant attorney general for the Civil Division in the US Department of Justice. He was appointed to the Sixth Circuit in 2019, and he also is a lecturer at Michigan Law.
Among the questions the panelists addressed:
—————
If there are different opinions on the court, how do you work through that disagreement?
Readler: Even if you agree with someone on almost everything, there will be cases you disagree on. The closest (comparison) is your family. You have disagreements in your family, and people typically have opinions and they share them.
That’s kind of how I think of the court. Like a family, we are together and we’re a team. We really do try to work things out as much as possible, even when there’s some disagreement.
Davis: The vast majority of our decisions are unanimous. We agree on most things. The reason for that is because of what you are all learning right now in law school, which is precedent. I feel like precedents are guard rails on how far a disagreement can go.
After we hear a case, we conference; the three-judge panel sits together and discusses the case. But before we ever get to that point, a lot of us will share memos put together by our law clerks that often reflect how the judge is viewing the case, at least going into the argument. That’s helpful, because if you’re coming from a different perspective, it will cause you to stop and tease out, “Do I agree with what the law clerk has said here?”
These decisions are not personal, and I think that all of us work really hard to keep that in mind. That’s also helpful in terms of really engendering collegiality and being able to get past differences.
—————
What helps you in those difficult moments?
Readler: We typically have the benefit of time because we write opinions, and that can take months and months of drafts and revisions. So if there is tension, we just don’t go on Twitter and type out an opinion, as the rest of the world does.
That’s very helpful.
I recognize we’re going to disagree as part of the job. I’m actually very interested in hearing what my colleagues have to say. I really enjoy understanding why people think what they think. We need to be very curious about what each other
thinks, even if at the end of the day we’re going to disagree.
Davis: I had two really good friends when I was in law school. We always studied together, and we would battle about cases. It was really helpful for us because it helped us to elevate our own thought processes, to see the doors that we didn’t see, to consider a perspective that we had not considered.
That became my regular way of doing things as a trial attorney. On the court it is similar. If you’re constantly asking yourself if there’s another way to approach this—if your mind is open in that way—then when you get some thoughts from one of your colleagues that are different, you’re open to it.
—————
When you are speaking with somebody who has a different perspective and they’re not really able to hear you, how do you handle that?
Readler: You can write a letter and put it in your desk and never send it, or write a draft email and never send it. I will admit to having done things like that before. It will help clear the mind. Time always helps calm things down.
Davis: Aside from the letters that go in a drawer, sometimes we write letters to one another if there is a specific point that we disagree on to say, “Hey, here’s what I’m thinking on that issue.” If you take the time to write a letter, you tend to be more thoughtful about it. It also gives the recipient time to understand the other perspective.
What is your best advice to law students?
Davis: If you’re in law school, I bet you care a lot about this country, and that is admirable. You can care deeply about an issue, and you can do a lot to affect that issue outside of the law and inside of the law. But it’s important for you to understand the frameworks that we work within.
Our norms are important. They are one of the things that make our legal system still the greatest in the world. If you remain committed to that, I think that you will be effective and you’ll also be a well-rounded person.
Readler: You can use your legal skills in so many different ways. You should never feel trapped in one career. You should try to use your law skills professionally and personally—volunteer; get involved in local organizations, politics, your church, whatever it is—because you have this great skillset.
The number-one skill you should think about as a lawyer is being curious. Don’t just accept everything at face value. Think about other ways you can perceive things. I almost guarantee you’ll find another approach, and that’s true in your career and in your life.
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