Embracing Our Shared Humanity: Civility for Our Times
/Paula Lustbader, Embracing Our Shared Humanity: Civility for Our Times , Robert's Fund (2015)
Resources & Articles
The Robert’s Fund Civility Center for the Law maintains a resource bank of abstracts, essays, articles, and other media on civility from thoughtful leaders and eminent thinkers from across the country.
Professionalism
/Sandra Day O’Connor, Professionalism, 78 Or. L. Rev. 385 (Summer 1999)
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Summary
Justice O’Connor cites research that shows a high and increasing number of lawyers are dissatisfied with their profession; she suggests that declining professionalism is, in part, the cause of lawyers’ job dissatisfaction and the public’s unfavorable opinion of lawyers and the profession.
The Value of Civility in the Legal Profession
/Harry J. McCarthy, The Value of Civility in the Legal Profession, WASHINGTON STATE BAR NEWS (Aug. 2011)
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Summary
In “The Value of Civility in the Legal Profession,” Judge McCarthy argues that civility in the legal profession still has a way to go before it is fully integrated. Judge McCarthy states that uncivil behavior is rampant in our public sphere today, sending the message that “courtesy is a sign of weakness that does not get results.” He posits that civility is essential for professionalism and that professionalism is at the core of being a successful lawyer. “The very best attorneys, well-versed in the traditions of civility, can conduct an important cross-examination, even one of a hostile witness, and do so in such a productive and respectful manner that the goals of the cross are met while simultaneously maintaining a high standard of professionalism.” McCarthy concludes that despite the ways in which the law profession has changed, lawyers can and should be courteous, remain respectful, and act with integrity at all times in order to achieve success and to uphold the time-honored traditions of the legal profession.
Igniting a Culture of Civility
/Paula Lustbader, Igniting a Culture of Civility, WASHINGTON STATE BAR NEWS (January 2011)
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Summary
Outlining the goals of Robert’s Fund, Professor Lustbader defines civility broadly and pinpoints its significance in the legal profession. Lustbader understands civility to be more than just politeness—rather, civility is “courage with kindness.” She reasons that because lawyers are influential policy makers, encounter possibilities for conflict in their daily professional practice, and serve as role models for many people and communities, working to foster civility within the legal profession can promote greater civility in society generally. According to Lustbader, civility benefits lawyers personally, strengthens their profession, helps build meaningful relationships with clients, increases client loyalty and client base, and leads to more successful outcomes.
Civility: It's Not a Sign of Weakness
/Julie Braman Kane, Chairman, NCA Bd. of Trustees, Address at the Educ. Program for AAJ 2007 Annual Convention in Chi., Ill.: Civility: It’s Not a Sign of Weakness, July 14, 2007
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Summary
Ms. Braman Kane defines civility and equates it with honesty and professionalism: George Washington defined civility as “acting always with respect to those around you and by being controlled by your own conscience.” Abraham Lincoln, addressing new law graduates, stressed the importance of honesty. A 19th-century Connecticut State Chief Justice stated that a lawyer must be honest, above all, and professional, warning against a system of “legalized plunder” where professionalism and honesty are bypassed. The ABA Model Rules Professional Responsibility 4.1 and 8.4 require honesty and integrity.
'Civil' Practice in Maine
/Thomas E. Humphrey, Chief Justice, Me. Super. Ct., ‘Civil’ Practice In Maine Address at the Me. State Bar Ass’n Annual Program: Bridging the Gap (Nov. 30, 2004), in 20 Me. B.J. 6, Winter 2005.
Summary
Chief Justice Thomas E Humphrey of Maine discusses how the legal profession can be improved by focusing on civility. He defines incivility as “all manner of adversarial excess, … personal attacks on other lawyers, hostility, boorish behavior, rudeness, insulting behavior, and obstructionist conduct, …as behavior that is disagreeable, impolite, discourteous, acerbic, acrimonious, obstreperous, ill-mannered, antagonistic, surly, ungracious, insolent, uncouth, disparaging, malevolent, spiteful, demeaning, vitriolic and rancorous--and sometimes all of these in one short deposition.”
Civility in the Courtroom: A Judge's Perspective
/Senior Judge Gerald Hardcastle, Civility in the Courtroom: A Judge’s Perspective, 17 NEV. LAW. 6 (2009).
Summary
Judge Hardcastle argues that practicing civility serves the long-term interests of attorneys and clients. He notes that a top complaint is frustration with their colleagues’ lack of professionalism. Civility, Judge Hardcastle posits, can foster relationships of respect and appreciation among lawyers, thus improving overall satisfaction. Attorneys practicing civility in the courtroom create more positive relationships with judges and, as a result, are more successful for their clients. In this way, Judge Hardcastle says that “civility is good lawyering.”
True Civility Requires More Than Being Polite
/Justice Steven González, True Civility Requires More Than Being Polite, Washington State Bar Ass’n (Sept. 2012)
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Summary
Justice González states that “[c]ivility is a way of connecting and interacting with people; of engaging and thinking about what our relationships are with one another, and of discerning what we care about. . . . It is about how we communicate and how we persuade and convince, because that’s often what we’re doing in our profession. If we’ve alienated people from the outset, it can be much harder to do that and to be effective.”