Civility in the Practice of Law: A Pillar of Professionalism

• Pages: 28-29
• Date: 01 January 2025
• Published date: 01 January 2025
• Author: Daniel S. Wittenberg
• Subject Matter: Administrative & Public Law

n the legal profession, civility is more than just a

nicety; it is a fundamental aspect of professional-

ism and ethical practice. Civility encompasses respect,

courtesy, and integrity in interactions with clients, col-

leagues, opposing counsel, and the judiciary. While

lawyers are tasked with zealous representation of their

clients, this obligation is not a license for discourtesy or

unprofessional behavior. Civility is essential for maintaining

the dignity of the legal profession and ensuring the effec-

tive administration of justice. As we take on 2025, let’s be

reminded of the importance of civility in the practice of law,

its benets, and strategies for fostering a culture of respect

within the legal community.

The Ethical Fo undation of Civ ility

The practice of law is inherently adversarial, but it is

grounded in shared ethical principles. The ABA Model Rules

of Professional Conduct, for instance, emphasize that law-

yers must conduct themselves with respect toward colleagues,

opposing counsel, clients, and the judiciary. Rule 1.3 urges

lawyers to act with diligence and zeal, but this zeal must be

tempered by the obligation to uphold professional integrity.

Civility reects a lawyer’s commitment to these ethi-

cal standards. It enables attorneys to balance their role as

advocates with their responsibilities as ofcers of the court.

A lawyer who engages in respectful communication, avoids

unnecessary hostility, and demonstrates empathy models the

ideals of the profession, fostering trust and mutual respect

among all stakeholders.

Professional Relationships and Collaboration

The legal profession often requires collaboration among attor-

neys, clients, and opposing counsel. Civility fosters produc-

tive relationships, even in adversarial contexts. A lawyer who

treats opposing counsel with respect is more likely to negotiate

effectively, arrive at mutually acceptable agreements, and nar-

row issues for trial.

In contrast, uncivil behavior breeds mistrust, exacerbates

conict, and diminishes the chances of resolving disputes ef-

ciently. For example, a lawyer who repeatedly engages in per-

sonal attacks or refuses to cooperate on procedural matters

risks alienating not only opposing counsel but also the court.

This can result in sanctions, damaged reputations, and dimin-

ished opportunities for future collaboration.

Moreover, lawyers are part of a professional community

with shared goals of justice and fairness. Demonstrating civility

strengthens this community and ensures that professional dis-

agreements do not devolve into personal vendettas. Respectful

behavior promotes camaraderie and collegiality, which can be

invaluable in the long-term development of a legal career.

The Impact on P ublic Percept ion

Civility also plays a critical role in shaping how the public

views the legal profession. The adversarial nature of law often

gives rise to negative stereotypes, portraying lawyers as com-

bative, ruthless, or manipulative. Incidents of unprofessional

conduct—whether in the courtroom or the public sphere—

only serve to reinforce these perceptions.

When lawyers engage in uncivil behavior, it diminishes

Civility in the Practice of Law:

A Pillar of Professionalism

By Daniel S. Witt enberg, Litigation News Assoc iate Editor

© Getty Image s

WINTER 202 5 • VOL. 50 NO. 2

28 | ABA LITIGATION SECTIO N

BUSINESS OF LAW

Published in Litigation News Volu me 50, Number 2, Wint er 2025. © 2025 by t he American Bar A ssociation. Re produced with per mission. All righ ts reserved. Th is information or an y portion there of may not be copied or

disseminated in an y form or by any means or s tored in an electro nic database or re trieval system wi thout the express w ritten consen t of the American B ar Associatio n.