ETHICS SESSION: Civility and Professional Responsibility: Nice Guys (and Gals) Can Finish First

Date: 7/26/2023
Time: 10:00 AM - 12:00 PMET
Location: James River Salons ABC
Primary Sponsoring Committee: Legal Resource Section (AJL00)
Co-Sponsoring Committee(s): 

Session Description
For years, we have heard complaints about colleagues and opposing counsel who take the adversarial nature of the legal system to extremes. Whether it is enduring “Rambo” style litigation tactics from the other side, dealing with abusive written or oral discovery practices, or seeing litigants and court personnel (even judges) being treated with intemperance or hostility, we probably have all experienced the anxiety-inducing effects that incivility in our profession creates. The Model Rules, rules of civil procedure, and numerous court cases interpreting these rules provide guidance on how civility and professional responsibility overlap. In this way, maintaining a professional and civil demeanor in carrying out our duties as officers of the court clearly goes beyond living by the “Golden Rule.” This session will discuss how the Model Rules speak to civility. We will review the many examples of “civility codes” and oaths of admission to practice law around the country that address expected standards of conduct. We will also provide examples of how courts have increasingly implemented severe consequences in an effort to promote civility and to punish bad behavior.

Finally, we will briefly update attendees on recent actions taken by the courts and disciplinary boards stemming from the 2020 presidential election challenges.

Presentations


Moderator

Panelist