“Civility costs nothing, and buys everything.”

-Mary Wortley Montagu

Have you ever suffered unpleasant legal encounters where the other attorney was disrespectful and inappropriate?

Have you ever lost control and been uncivil in a professional encounter?

Have you seen a decline in civility in the legal profession?

What stresses does that cause you?

What if being consistently civil could reduce stress and conflict in our daily work environment?

Imagine if every lawyer could commit to upholding civility. How would that transform the legal profession? It's time for us to take a stand and make this vision a reality. A more civil legal environment could be the catalyst for a more harmonious and productive legal profession.

In my experience, there has been a significant decline in civility in the legal profession. This decline has not only led to conflicts where collaboration should occur but also caused much stress and frustration. It's a problem that each of us has the power to address.

In today's contentious legal environment, civility can sometimes feel like a relic of a bygone era. Yet, upholding civility is not just a matter of professional courtesy; it's a personal investment in a successful and fulfilling legal career. Civility fosters respect, facilitates effective communication, and paves the way for constructive resolutions. It enhances your reputation, builds trust with clients and colleagues, and ultimately leads to better outcomes. This blog will explore why civility is essential in law practice, its numerous benefits, and practical strategies for maintaining civility even in the most challenging situations.

What is civility in the legal context?

Civility refers to the professional and respectful behavior that lawyers must maintain in their interactions with clients, colleagues, opposing counsel, judges, and court personnel. It encompasses a range of conduct that promotes fairness, respect, and courtesy and helps to uphold the integrity and decorum of the legal profession. Here are critical attributes of civility:

1. Professional Respect: Treating all parties involved in legal proceedings with respect, regardless of personal feelings or the nature of the case.

2. Effective Communication: Using clear, concise, and respectful language in all forms of communication, whether written or verbal, and listening actively and empathetically to understand the perspectives and concerns of others.

3. Ethical Conduct: Adhering to the highest standards of honesty, integrity, and fairness in all professional dealings and avoiding actions or behaviors that could be perceived as deceitful, manipulative, or unethical.

4. Courteous Behavior: Demonstrating politeness and good manners in all interactions, including those with opposing counsel and court staff, and voiding hostile, aggressive, or derogatory remarks, even in the heat of legal battles.

5.  Professional Decorum: Upholding the dignity and decorum of the court by dressing appropriately, being punctual, and following court protocols.

7.  Personal Accountability: Taking responsibility for one’s actions and behavior, apologizing, and making amends when necessary.

In summary, civility is about maintaining a high standard of professional behavior that enhances the practice of law, fosters positive relationships, and ensures the fair administration of justice.

Why is civility important?

Civility is a cornerstone of the legal profession, playing a critical role in ensuring the effective functioning of the legal system and promoting positive outcomes for clients and lawyers. Here are key reasons why civility is essential in the legal profession:

1. Enhances Professional Reputation: Civility helps build a lawyer’s reputation as respectful, trustworthy, and reliable. This can increase referrals, better professional relationships, and greater career opportunities.

2. Fosters Respect and Trust: Maintaining civility fosters mutual respect and trust between lawyers, clients, and judges. This trust is fundamental to effective advocacy and negotiation.

3. Facilitates Effective Communication: Civil behavior promotes clear, respectful, and constructive communication. This is crucial for understanding clients’ needs, negotiating settlements, and presenting arguments in court.

4.  Reduces Stress and Enhances Well-being: A civil work environment reduces stress and tension, improving lawyers' mental and physical well-being. It creates a more supportive and pleasant workplace.

5. Upholds the Integrity of the Legal Profession: Civility ensures that lawyers adhere to ethical standards and professional conduct, which is vital for maintaining the integrity and credibility of the legal profession.

6. Enhances Courtroom Decorum: Civil behavior in the courtroom upholds the dignity and decorum of legal proceedings. It ensures that trials and hearings are conducted respectfully and orderly.

7. Builds Strong Client Relationships: Clients are more likely to trust and respect lawyers who treat them with civility. This leads to stronger attorney-client relationships and better client satisfaction.

8. Mitigates Conflicts and Reduces Litigation Costs: Civility can help de-escalate conflicts and prevent unnecessary litigation. This saves time and resources for both clients and the legal system.

9.  Enhances Personal Satisfaction: Practicing civility contributes to personal satisfaction and a sense of fulfillment in one’s career. It aligns with the ethical and moral values that many lawyers strive to uphold.

In summary, civility is fundamental to the practice of law. It enhances professional relationships, promotes effective communication, and upholds the integrity of the legal profession. By fostering a culture of respect and cooperation, civility contributes to a better justice system and lawyers' overall well-being.

So, why is civility such a challenge?

We all know civility is a great trait, necessary for the legal profession, and has many benefits. Why sometimes do there seem to be so many problems with a lack of civility in our profession? Maintaining civility in the legal profession can be challenging due to various factors and pressures in law practice. Here are some of the most significant obstacles:

1. High-Stress Environment: The legal profession is inherently stressful, with tight deadlines, high stakes, and intense workloads. That stress can lead to frustration and impatience, making it difficult to remain civil in interactions.

2. Adversarial Nature of Litigation: The adversarial system pits lawyers against each other, fostering a competitive and combative atmosphere. This can encourage aggressive tactics and uncivil behavior as lawyers strive to win cases for their clients.

3. Client Expectations and Pressure: Clients often expect their lawyers to be aggressive advocates, pressuring them to adopt a combative stance. As a result, lawyers may feel compelled to be less civil to meet client demands and achieve favorable outcomes.

4. Lack of Emotional Intelligence:  Emotional intelligence, which includes self-awareness, empathy, and emotional regulation, is crucial for maintaining civility. Sadly, some lawyers lack these skills and may struggle to manage their emotions and respond civilly in challenging situations.

5. Time Constraints: The legal profession's demands often leave lawyers with limited time to prepare and respond thoughtfully.  Rushed communications and decisions can lead to misunderstandings and uncivil behavior.

6. Personal and Professional Burnout:  Long hours, high pressure, and a demanding workload can lead to burnout. That burnout can result in irritability, reduced patience, and decreased ability to interact civilly.

7. Competitive Culture: The highly competitive nature of the legal field can create a "win at all costs" mentality. This mindset can undermine the importance of civility and encourage unethical or aggressive behavior.

8. Inexperience and Lack of Mentorship: Younger or less experienced lawyers may need strong role models or mentors to maintain civility. Without proper guidance, they may adopt aggressive or uncivil behaviors observed in others.

Addressing these obstacles requires a multifaceted approach, including promoting emotional intelligence, fostering a supportive and respectful work culture, providing mentorship and training, and encouraging self-care and stress management.

So, how do we handle the extremely uncivil attorney?

We all have probably encountered this: The other lawyer is rude, raises his voice, breaks his agreements, and makes untrue statements. He constantly interrupts us and seems to want to start a fight. How do we handle that?

This situation, of course, is challenging. But here are my suggestions:

1. Stay Calm and Composed. The most critical first step is not to make it worse. Keep your emotions in check and reflect carefully before you respond. Take a deep breath, pause before answering, and maintain a calm tone. The louder the other attorney gets, typically the softer my voice is.

2. Lead by Example: Rather than responding in kind, try to exemplify civility. Respond with professionalism. Use respectful language, remain polite, and avoid mirroring uncivil behavior.

3. Address the Behavior Directly: Professionally confront the uncivil behavior. Speak privately with the lawyer and calmly explain how the behavior affects you, your interactions, and the case as a whole. Use “I” statements, such as “I felt disrespected when you raised your voice at me during our telephone conversation.”

4. Document the Incident: Keep a detailed record of the uncivil behavior. Record the incident's date, time, and specifics, including any witnesses if needed.

5. Focus on the Issue, not the Person: focus the discussion on the issue rather than personal attacks on the other attorney. Address specific behaviors and their impact on the case, but avoid generalizations about the other lawyer's character.

6. Use Written Communication: When verbal interactions become too harmful, switch to written communication. Send emails or letters to document the conversations and keep your communications professional, clear, and concise.

7. Set Boundaries: Clearly define acceptable behavior and boundaries. Politely but firmly state what behavior you will not tolerate and the consequences if it continues.

8. State Focused on the Client's Best Interests: Always keep your client’s interests at the forefront of your actions. Maintain professionalism as best you can to ensure the best possible outcome for your client, regardless of the other lawyer's behavior.

It is never easy but try implementing these strategies. You may find you can manage interactions with uncivil lawyers professionally and effectively, maintaining your civility and upholding the standards of the legal profession.

How can we create a more civil legal environment?

But how can we change this uncivil culture? Here are some practical strategies to help you, and all of us,  uphold civility:

1. Practice Active Listening: Civility begins with being a good listener.  Focus entirely on the speaker, avoiding interruptions, and reflecting on what is being said. Make eye contact, nod in agreement, and provide feedback to show understanding and respect.

2. Manage Stress and Emotions: Stress contributes to many of the challenges in our profession. It is essential to develop techniques to manage stress and regulate emotions. I have discussed this in other blogs, but some relieving strategies include practicing mindfulness, using deep breathing exercises, or taking short breaks to calm down before responding to challenging situations.

3.  Foster Empathy: One critical step is to strive for empathy in all our interactions. Try to understand the perspectives and feelings of others. Put yourself in the shoes of clients, colleagues, and opposing counsel to better appreciate their viewpoints and respond with kindness.

4. Communicate Clearly and Respectfully: Effective and respectful communication helps to foster civil relationships.  Use clear, concise, and respectful language in all communications. Avoid using inflammatory or accusatory language, and strive for a professional and courteous tone.

5. Prioritize Professionalism: Professionalism is the hallmark of civility, and we should uphold the highest standards of professionalism in all interactions.: Dress appropriately, be punctual, and adhere to court protocols and ethical guidelines.

6. Set Boundaries: When stressed or overwhelmed, it is easy to slip into disrespectful behavior. Maintaining healthy boundaries can help prevent burnout and maintain civility. Strive to clearly communicate your availability and limits, and take time off to recharge.

7. Encourage a Culture of Civility: Lawyers often complain of toxic work cultures. We can each do what we can to promote a work culture that values and rewards civility. We should recognize and celebrate civil behavior within our firm or organization and address uncivil conduct promptly and effectively.

8. Practice Self-Care: When tired or worn out, incivility may result. Take care of your physical and mental health to sustain your ability to be civil. Exercise regularly, eat healthily, get adequate sleep, and engage in activities that promote relaxation and well-being.

9. Lead by Example: We can all improve our profession together, so let’s model civil behavior for others to follow. Try to demonstrate respect, patience, and kindness in all professional interactions, setting a positive example for peers.

10. Seek Mentorship and Provide Guidance: Mentorship is critical in our profession. Engage with mentors who exemplify civility and provide mentorship to others. Share experiences and strategies for maintaining civility with colleagues and junior lawyers.

If you implement these strategies, you can help promote a more civil legal profession.

Conclusion

In the challenging world of law, maintaining civility is an ethical obligation and a strategic advantage that can enhance your professional reputation, foster trust, and lead to more successful outcomes. Lawyers can navigate even the most challenging situations with grace and effectiveness by committing to respectful communication, empathetic interactions, and ethical behavior. Upholding civility in all aspects of your practice benefits your clients and colleagues and contributes to a more just and honorable legal profession. Embrace civility as a core value, and watch as it transforms your interactions, reduces stress, and paves the way for a more fulfilling and successful career.

Would you like support in your interactions with other counsel? If so, I can help. You can set up a courtesy call here.