The cost of incivility

While it depends somewhat on the case, normally I try to keep briefs I write free of invective or pejoratives.  Mostly, that is because I figure that calling something "an outrage" (to use one phrase that lawyers seem to love) is ridiculous in a civil case.  The Holocaust was an outrage. Darfur an outrage.  Failure to perform the terms of a contract is not, and never will be, an outrage.  The failure to turn over some piece of discoverable information is wrong and should not be countenanced by a court.  But, it is not an outrage.