Civil By Design: Jennifer Scoliard on Why Professionalism Still Wins in Litigation
By Daniel Abramoff
At The Counsel House podcast, we spotlight legal professionals whose values and vision reshape how we practice law. In our in-studio June 2025 episode, host Daniel Abramoff sat down with Jennifer Scolard, SVP and Deputy General Counsel for Litigation at Cenlar FSB, to explore a principle that many lawyers overlook in the trenches of litigation: civility.
With nearly three decades of legal experience, Jennifer knows what it means to lead with integrity and resolve. Her philosophy is clear: being a fierce advocate does not mean being an uncivil one. In fact, the opposite is true—civility is the key to saving time, reducing costs, and achieving better outcomes for clients and teams alike.
Respect as a Litigation Strategy
“You can be diametrically opposed to someone,” Jennifer says, “and still have a civil, productive relationship.”
In high-stakes and high-pressure matters, the tone set early can determine whether a case spirals into endless motion practice or stays focused on resolution. Jennifer shared that some of her most challenging cases have turned out to be the most collaborative, simply because she led with a phone call instead of a nastygram.
“I always start with a good morning, a phone call, and a level tone. You’d be surprised how many paper tigers turn out to be just fine once you speak voice-to-voice.”
The Hidden Cost of Incivility
When outside counsel or opposing attorneys turn litigious battles into personal ones, clients pay the price. Jennifer points out that hostility drives up costs and delays outcomes.
“If your outside counsel can’t maintain a professional tone, it creates friction, leads to unnecessary discovery disputes, and racks up thousands in legal fees. I’ve lived it.”
Jennifer urges in-house counsel to treat their outside counsel as partners—not vendors. Mutual respect leads to more effective collaboration, fewer disputes, and a better experience for everyone involved.
Inside the Legal Team: Building Trust Through Civility
Civility isn’t just for opposing counsel. Jennifer makes it a cornerstone of her internal practice at Cenlar, especially when managing cross-functional teams during complex matters.
“If people are afraid to come to you, that’s a you problem,” she says. “I need to know the good, the bad, and the ugly in order to defend the company effectively.”
She explains that people remember how you make them feel. Kindness, trust, and appreciation—especially in high-stress legal environments—go a long way in fostering open communication and preventing unpleasant surprises.
Resetting Toxic Dynamics
Sometimes civility must be reclaimed. Jennifer recounted a case where a toxic email chain from opposing counsel made her dread even opening messages. Her solution? Pick up the phone and ask for a reset.
“I said, ‘Can we hit the reset button?’ We had a call, and from then on, everything changed. We didn’t stop advocating fiercely, but we gained mutual respect—and that changed everything.”
The story didn’t end there. When that same lawyer later started his own practice, Jennifer sent him referrals. The legal world, she reminds us, is smaller than we think.
Tone Is Everything
Jennifer’s rule of thumb: never bark orders, even in email.
“I always start with a greeting and end with appreciation. A plain message can sound curt. Tone matters.”
She believes in simple habits that make people feel seen: saying thank you, giving compliments, and checking in with a personal comment. These small touches create relationships that make hard jobs easier—and even make opposing counsel more likely to grant extensions and accommodations.
Lessons for the Next Generation
Jennifer’s advice to young lawyers is to prioritize tone, civility, and intelligent argument.
“Volume isn’t advocacy,” she says. “If you’re shouting on a group call, you just look foolish in front of your client.”
Instead, she encourages newer attorneys to fight smart: be prepared, be sharp, and be respectful. Over time, this approach not only improves client outcomes but enhances one’s reputation—a lawyer’s most valuable asset.
Civility as a Career Advantage
Jennifer has worked with outside counsel for over 15 years and values long-term relationships built on trust and mutual respect. “When people say, ‘Oh yeah, you can trust Jennifer,’ that matters. That helps me do my job better.”
She sees civility not as an abstract ideal, but as a career multiplier that influences referrals, internal promotions, team effectiveness, and courtroom credibility.
“People remember how you made them feel. If you make people feel safe, respected, and appreciated, they will trust you. That trust lets you do your job better—and it opens doors you never expected.”
Closing Note
We’re grateful to Jennifer Scolard for joining The Counsel House and sharing her deep insight on how civility and professionalism are not only ethical obligations but strategic tools in litigation and leadership.
If you’re a legal executive or in-house leader with lessons to share, we want to hear from you. Reach out to us at [insert contact email or link here] to be featured on an upcoming episode.
Until next time, remember: professionalism never goes out of style.
