Straight Shooter

Retired federal judge Margaret M. Morrow decided she wanted to be an attorney while she was still in elementary school.

"Our teacher had one of the fathers - who was an attorney - come to speak to us about what it was like to be a lawyer, and I found his explanation very compelling, even as a third grader," Morrow said.
"Because what he was talking about was helping people. He said, 'That's what lawyers do. Lawyers help people with problems they have.' And I thought that sounded like something I would like to do."

A 1974 Harvard Law School graduate, Morrow spent nearly 25 years as a civil litigator and appellate attorney before she was appointed in 1998 to the Central District of California federal bench, where she ran criminal and civil calendars while also overseeing the court's ADR program until her retirement in 2016.

Morrow then became president and CEO of the nonprofit Public Counsel Law Center, where she worked until 2021.

"The kinds of cases that Public Counsel handles were always very broad ranging," Morrow said. "Family law, dependency, immigration ... a lot of policy work, and then we filed a lot of class actions, raising significant constitutional issues."

Morrow said she joined the Judicate West portfolio of private neutrals in 2022, in part because she wanted to remain intellectually active with the law but was looking for "a little bit more control over my schedule."

She has since been tackling disputes as a mediator, arbitrator and private judge, working on consumer class actions, commercial, insurance, intellectual property, sexual abuse and employment cases.

Morrow said her approach to arbitration is very similar to how she operated on the federal bench.

"I read all the papers, I hear oral argument, I ask lots of questions, I listen very closely to the testimony, and then I do my best to reach a decision that's fair and just and dictated by the law, the facts and the arguments," she explained. "I'm a pretty straight shooter when it comes to those kinds of things."

Morrow did note, however, that one of the benefits to arbitration is it can be less costly and more efficient than court proceedings.

"So, if I see parties are about to launch into a huge motion practice over something and they're wanting a lot of hearings about an issue, but it seems like there may be a simple compromise solution they can reach on that issue just by talking to one another, I'll lay that out," Morrow said. "If they take that suggestion, great. If they don't, it's their decision. It's their case to do with what they want."

Before her mediations, Morrow likes to receive briefs from all the parties and speak over the phone with counsel.

"I also encourage them to exchange mediation briefs if they think that's going to be helpful to settlement," Morrow said. "And I encourage them to schedule a pre-mediation call with me if they want to do so, but I certainly don't demand it."

On the day of mediation, Morrow starts out in private caucus and typically begins with the plaintiff, but she noted that she does her best to listen carefully to all the litigants.

"I want to make sure to give both parties time and space to tell their story and express how it's affected them," Morrow said. "And I want to have them share their feelings about any business concerns or issues that may be central to resolving the case. And I don't want to just hear from the lawyers but from the parties as well because I think it's important to let the parties have their own voice in these sessions."

Encino plaintiffs' attorney Roland K. Tellis used Morrow recently to resolve two product defect consumer class actions, and said her temperament is particularly well suited for mediation.

"I'd describe her as calm and patient but persistent," Tellis said. "She does a great job of reading the room and de-escalating conflicts and helping build rapport with both sides. She's really good at guiding the process firmly but respecting each side's autonomy. She's not one of these mediators that's going to bully her way into a resolution."

In some consumer class actions and intellectual property cases, Morrow said it can be beneficial to hold joint sessions.

"If I come to that view, then I'll ask the parties if they would be willing to participate in that, and then the parties and I will come together," Morrow explained. "That's not every mediation for sure ... but in certain cases, I've found it's really helpful to have some direct communication between the parties and their lawyers."

Morrow added that as the mediation progresses, she will share her view on legal issues where the parties find themselves in sharp disagreement.

"I'll offer my take as to how that issue might come out, based on my time in practice and on the bench," she said. "But I never lead with that since I'm there as a facilitator, not a decider of the case."

Los Angeles defense attorney Shon Morgan used Morrow recently to settle a product defect consumer class action, and said his clients were very comfortable with her.

"What sometimes happens is former judges get in the mode of telling you what's going to happen in a forceful way that may make the clients feel their side of the story isn't being fully considered or heard," Morgan said. "Judge Morrow is very good at letting you know what her experience would lend her to believe and what her inclination is but without saying, 'This is what's going to happen, and if you don't listen to me, you're crazy.'"

Santa Monica defense attorney Matthew P. Kanny also used Morrow recently to successfully mediate a product defect consumer class action, and he described her as tough when needed but fair.

"She has a deep understanding of the law, which I think was instrumental in navigating the complex issues we had in the case," Kanny said. "And her understanding of the law was persuasive.

"When the other side thought of their position as being one way, she was able to argue the other way very effectively, based on her experience. And I would say vice versa in connection with us. So, she was great to work with - tough when needed, very well-reasoned and thoughtful throughout the whole process."

Morrow said she still finds satisfaction in helping people.

"Even in arbitration - like when I was on the bench - I think the person who is adjudicating a dispute can - throughout the life of the dispute and through rulings or otherwise - sometimes help the parties see their way toward resolution," she explained. "So, I enjoy all of it very much."

Here are some attorneys who have used Morrow's services: Roland K. Tellis, Baron & Budd PC; Shon Morgan, Quinn Emanuel Urquhart & Sullivan LLP; Matthew P. Kanny, Goodwin Procter LLP; Joseph R. Farris, Arnold & Porter Kaye Scholer LLP; Charles S. LiMandri, LiMandri & Jonna LLP.