For several years, the increase in incivility among legal professionals has been a topic of growing concern. Whether it’s abrasive interactions among lawyers or noteworthy examples of improper conduct within the judicial system, there’s a discernible change in the way that lawyers and judges are treating each other.
This trend is noticed not just among practicing professionals, but at an institutional level as well. For instance, in California, the term “civility” has now been incorporated into an attorney’s oath of admission, and changes are being recommended that would allow lawyers to be disciplined for incivility under the state’s Rules of Professional Conduct. Questions remaining, however, are where will the line be drawn between an attorney’s discourteous behavior and aggressive negotiation tactics, and what the repercussions will be for those who cross it (Los Angeles County Bar Association)(The State Bar of California)(Above The Law).
Recent incidents illustrate this rising incivility within the legal profession as well. Misgivings among colleagues in the Wisconsin Supreme Court, inappropriate comments made by attorneys(Above The Law), profane and demeaning comments by a judge on her Facebook page(State of New York Commission on Judicial Conduct), and even a Black defense attorney being arrested and jailed because of a contentious landlord-tenant matter (ABA Journal) all underscore the seriousness of the situation.
Despite the concerning trend, it’s essential not to lose sight of the many judges and attorneys who uphold the tenets of courtesy and respect on a daily basis. It is those who quietly uphold these standards of conduct who often get overlooked while extreme cases hit the headlines. Yet, those are the professionals who are on the frontlines of this not-so-literal “war on incivility.”
Much like the events of September 11, 2001, had the effect of bringing people together, one can only hope that the rising trend of incivility within the legal profession can spark a similar response – a collective effort to return to a more professional and respectful standard of conduct.