Civility in Our Conversations about Race and Culture

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Mary I. Yu, Civility in Our Conversations about Race and Culture, 66 Wash Bar News 5, (May 2011)
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Summary

Judge Yu proposes that civility should be used both within and outside the legal profession to start important and necessary conversations about race. “Civility calls us to a state of compassion and empathy. An active and civil engagement about a difficult topic such as race would also permit us to reveal our own biases, share our unfamiliarity of traditions and practices, and expose our ignorance of certain facts without causing personal pain to another. And when we inadvertently cause pain to another, civility requires an apology and a request to rewind and start over. At the same time, the practice of civility also requires vulnerability; it means that some of us must take the risk of sharing the pain of being on the receiving end of bigotry, both real and perceived, with the hope that the listener might better understand its impact.”

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Looking at the World Through Other People's Eyes

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Jeff Tolman, Looking at the World Through Other People’s Eyes, 66 Wash. Bar News 3, (Mar. 2011)
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Summary

Lawyers must be able to see from variety of perspectives including those of the judge, the client, the opponent, the witness, and Father Time. They must consider the case through the judge’s perspective and ensure that the argument is legally sound, makes sense, and furthers the cause of justice.

Lawyers must not only be able to understand clients, but they must also be able to tell clients’ stories in a human, personal way in order to “bring life to their argument.” Mr. Tolman writes about a colleague who had a client who was in a nursing home. To better understand his client’s situation and to better convey the client’s story, this colleague spent two days in bed in the nursing home next to his client’s bed.

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The Value of Civility in the Legal Profession

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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

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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.

True Civility Requires More Than Being Polite

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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.”

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