Civility in the Legal Profession: It's Up to Us to Save it

• Citation: Vol. 35 No. 1
• Publication year: 2022
• Author: By J. Kevin Morrison
• topic: Business of Law,Civil Procedure,Technology

Civility in the Legal Profession: It's Up to Us to Save It

By J. Kevin Morrison

Have you noticed a decline in civility in your law practice over the recent past? If so, you are not alone. Many observers have commented, written, and spoken on civility's decline in the legal profession. Even the courts have joined the ever-louder chorus. Judicial commentary on the lack of civility in our profession can be found in many cases, including LaSalle v. Vogel (2019) 36 Cal.App.5th 127; Lossing v. Superior Court (1989) 207 Cal. App.3d 635; DeRose v. Huerlin (2002) 100 Cal.App.4th 158; and Kim v. Westmoore Partners, Inc. (2011) 201 Cal.App.4th 267. Aptly, Justice William Bedsworth observed: "Courts have had to urge counsel to turn down the heat on their litigation zeitgeist far too often. And while the factual scenarios of these cases differ, they are all variations on a theme of incivility that the bench has been decrying for decades, with very little success." (LaSalle, at p. 134.)

This article will assess how the evolution in technology, the fractured political and media climate, and the pandemic have each affected civility in the legal profession. It will conclude with a discussion of an effort by an organization of trial attorneys to improve the climate.

Technology

Technology has undoubtedly made our lives as litigators easier and our practices more efficient. The speed and pace of communication have vastly shortened the time to accomplish tasks. But this evolution has also led to a less civil profession. To illustrate my point, let's take two examples of how things have changed even just during my career: the manner and method of written communication among lawyers and court appearances.

When I started practicing law in the early 1990's, I had no cell phone, no work computer, and no work e-mail address. Our office's fax machine was in a locked room and faxes were distributed once a day. First class mail was actually a thing. The mail was also distributed once a day. To create and send written communications, whether a letter or a pleading, we would use a dictating machine containing an audiocassette. Once we finished dictating the document, we would give the audiocassette to a secretary or word processor, who would transcribe it for us and then print it onto stationery or pleading paper. She — yes, it was almost always a "she" then — would return the hard-copy draft, which we would further edit and then return to the secretary,

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who would make the changes and return it back, again in a hard copy. Once the document was finalized, the attorney would sign it in person and it would be mailed through the post. This process took what now seems like an insanely long time — usually days — depending on how busy the secretary was and how much "rush" the project demanded.

For court appearances, we would travel to the courthouse and appear in person in the courtroom. Lawyers would check in with the courtroom clerk or bailiff and see and interact with both the judge and the opposing counsel in court. While waiting for your case to be called, you would see other attorneys appear for their cases and watch how the judge interacted with them. After your court appearance, you had the opportunity to meet and talk with your opposing counsel as you walked out together. Perhaps, you would even continue the conversation over a cup of coffee.

Today, we send...