Trials

Courtroom Sexism: ‘No-Crying Motions’ Filed By Male Opposing Counsel

What happens when men file motions to 'preclude emotional displays' of female attorneys during trial?

I have never cried in a trial. Not once.

I cannot tell you how much it demeans me. Because I am a woman, I have to act like it doesn’t bother me, but I tell you that it does. The arrow lands every time.

Elizabeth Faiella, a medical malpractice trial attorney, commenting on number of times (more than two dozen) her male opposing counsel have filed “no-crying motions” during the course of litigation when she’s been lead counsel. Faiella, who has 30 years of experiences, says that she’s come to expect these motions, and that judges always deny them.

(Click here to read The Atlantic’s excellent overview of sexism in the courtroom where more women’s experiences are chronicled.)


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.