"Civility" basically means being polite. In court, it is a little more than that --it is a requirement. ABA Model Rules, Rule of Professional Conduct 3.5 states that lawyers may not "engage in conduct intended to disrupt a tribunal," with related commentary saying that lawyers and judges alike can "preserve professional integrity by patient firmness no less effectively than by belligerence or theatrics."
All well and good, but what does civility look like in a "competitive" profession like lawyering? The problem with our profession in general, and being a trial lawyer, specifically, is that it is very much like being a professional athlete -- you get hired (re-hired) if you WIN! . . . Talk about pressure. How can I be civil and cordial in a profession where clients expect you to look like a pit bull?
Recently, one of my blog posts contained some "funny" anecdotes about lawyers being "bad" ( Litigation: It Doesn't Always Go As Planned ) to make a point about how a trial/discovery doesn't always go as planned. However, the article does not condone the actions of some of the lawyers. Civility (and the current lack of it in our legal system) is serious business and, in my view, a reflection of society as a whole.
Speaking of analogies to professional athletes, when I was in high school (and college, too), I was fortunate to have played some serious competitive tennis. After graduation from college, I continued to play competitive "club" tennis that took me to many tournaments throughout the East Coast. From time to time, I played against Australians. I loved playing the Aussies -- win or lose.I always found them to be extremely tough competitors who always left it all on the court. Afterwards however, win or lose, they were usually quite magnanimous and often would have a "Foster's" with you. .
They were in my view, BOTH competitors and class acts. Something that's worth striving for as a practicing attorney.
While I can't ever remember having a Foster's with my adversary as a trial lawyer, I did have many friends who were on the "dark side" (that's the "other" side, from wherever you are now!) and frequently socialized with them outside of court. I always tried to be cordial and professional -- to the point that it once cost me a very big client who thought that I was a bit too "chummy" with the prosecutor in his case when I was a criminal defense lawyer. This particular client didn't believe that -- like the Australians on the tennis court -- lawyers could be cordial with the very same lawyers that they saw on the other side in court (hey, it was his case -- he could do whatever he wanted to. That is the right of every client!).
P.S. the new attorney that he hired fared worse when it came to "plea time" in his totally un-winnable case than I would have, given the deal that I was working on with the prosecutor at the time of my dismissal.
. . . . Where am I going here?
On Twitter, I have been known to say that "if you're a snarky law student, chances are you will "grow up" to be a snarky lawyer. . . . Patterns of behavior are learned in law school and are rarely forgotten. Accordingly, start learning about professionalism and civility in law school. You'll have it down pat by the time you pass the bar exam. So why not practice civility in law school? How?
Some thoughts on civility in law school:
- Law students have done "zero" to this point in their legal careers. Don't cop an attitude and act like you have;
- Curb the "sense of entitlement" stuff (see, prior bullet point). Be grateful in all that happens to you;
- Respond to emails in a timely fashion (especially if from law school professors and administrators (see first bullet point again). It's not like Facebook. . it's time to be professional;
- If you make an appointment, keep it. If you can't, contact the person BEFORE the starting time of the meeting (a particular pet peeve of mine, if you can't tell);
- Don't . . don't talk about a fellow student with whom you have a gripe to a professor or administrator before speaking to the student him/herself about the problem. I see this all the time with students working in organizations when there is a professor sponsor;
- Do not write and/or appropriate anything without rendering due credit for it during your time in law school (it's called plagiarism). Even be careful if someone else gives you "permission" to copy. Ask: Does it pass the "smell" test? . . . This goes well beyond being rude, it is a dark mark on your professional integrity. This one will surely come back to do considerable harm to your legal career should you do as a lawyer;
- Do not fabricate an excuse for not having done something to get out the consequences for inaction. -- remember that “lying” will get easier and easier when you become a lawyer -- so much so that you will eventually not even know that you are doing it. If you play "fast and loose" with a judge, it will come back to "bite" you and your professional reputation. .. . I've seen it too many times
- Always be “fair” in your dealings with your law school colleagues. Never do an “end around” to place yourself unfairly in a better position (you'll know it when you see it). By the way, your law school colleagues may very well be of great assistance to you in looking for a job in the future. They will become part of your network . . . you never know!
- Never belittle, get personal, or use profanity against anyone. Always show respect for others. You're not a better lawyer if you demonstrate a better use of profanities than your adversary. Oh, and please forget how lawyers are portrayed on television and in the movies! Most every TV lawyer would face bar counsel if their shenanigans were played out in the "real" legal world;
- Do what you say you are going to do. Be a person of your word. (again, the line where civility crosses professionalism). That includes completely assignments in a timely fashion. If you don’t do things in a timely manner in law school, you will most certainly become a lawyer that misses discovery deadlines, or -- in the worse case – misses a statute of limitations deadline (the kiss of death for any lawyer);
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Your professional reputation starts the moment that you first walk into your law school building. Starting to work on civility while in law school may be the very thing to keep your future law practice in order, rather than seeing it get "out of order" very quickly
P.S. Good movie, if you haven't seen!
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