What We Can Do About the Erosion of Civility in Litigation

• NCJ Number: 166531
• Journal: Judges' Journal Volume: 35 Issue: 4 Dated: (Fall 1996) Pages: 32-37
• Author(s): M E Aspen
• Date Published: 1996
• Length: 6 pages
• Publication Format: Article
• Publication Type: Issue Overview
• Language: English
• Country: United States of America
• Note: Adapted from Judge Marvin Aspen's "Jackson Lecture" at the National Judicial College on May 10, 1996.

Annotation

This article reviews the causes and proposes some remedies for the erosion of civility among attorneys and judges in litigation.

Abstract

Causes for the legal profession's apparent increase in incivility in litigation are numerous. No one cause is dominant, but combined, several recent developments in the practice of law pose serious potential threats to the orderly function of the legal profession and the judicial system. Many lawyers believe the practice of law is now as much a business as a calling or a profession. Bottom-line mentality aimed at winning at all costs often exacerbates tensions in lawyer relationships. Young lawyers emerge from law school properly idealistic about the litigation process and then suffer culture shock when they go into some of the courtrooms of the 1990's. The role models portrayed in fictional television programs and movies are dramatic and abrasive. Everything about law practice is bigger but not necessarily better. Law Firms are bigger; there are more courts; filings have increased while the percentage of cases tried has decreased. In urban courtrooms, trial lawyers no longer appear frequently against the same opponent or before the same judge, thereby reducing opportunities for building mutual respect and learning the ethics of an honored profession from experienced professionals. The focus in the practice of law for many has become that of finding ever new and more effective ways of persuading and manipulating jurors and judges, without regard to truth or justice. The Seventh Circuit Civility Report attempts to address the roots of these problems and offers recommendations to the law schools and the legal profession. The report included in its recommendations a proposed set of "Written Standards for Professional Conduct for both Judges and Lawyers." Judges must play a key role, not only in not tolerating lawyer incivility and lack of professionalism, but by setting an example of the proper tone of civility in the courtroom and in written opinions. A copy of the Standards for Professional Conduct Within the Seventh Federal Judicial Circuit is included.