Enforcing Civility in an Uncivilized World
| Jurisdiction | Utah,United States |
| Citation | Vol. 22 No. 3 Pg. 36 |
| Pages | 36 |
| Publication year | 2009 |
Vol. 22, No. 3, 36. Enforcing Civility in an uncivilized World
Vol. 22, No. 3
May/June 2009
"That man is guilty! That man there is a slime! He is a slime! If he is allowed to go free, then something real wrong is goin' on here!"
"Mr. Kirkland, you're out of order."
Al Pacino as Arthur Kirkland in And Justice for All. Valerie Curtain and Barry Levinson, And Justice for All Columbia Pictures, 1979"You're out of order, you're out of order! This whole trial is out of order!"
We have all seen the entertainment industry's impressions of the legal profession. Fired-up attorneys in court yelling at witnesses, belittling their opponents, and battling the judge hammer and tongs over every perceived slight or unfavorable ruling. Despite the artistic license entertainment writers take in creating these characters for the screen, we know all too well the caricature of the uncivil attorney has a basis in reality and in many cases is not far off the mark. We live in an increasingly disrespectful and competitive world, and our profession is not immune from the general discourtesies that permeate society. The nature of our adversarial system of law can also foster an environment where it is often believed antisocial behavior can get you noticed and get results.
But does the adversarial system necessarily require incivility on the part of the participants? Does the fact that each party enters a matter with the intent to triumph over the other side require disrespect of one's opponent? Winston Churchill did not think so. After the Japanese bombing of Singapore and Hong Kong in 1941, Winston Churchill dispatched a letter to the Japanese Ambassador announcing that a state of war existed between England and Japan. After noting the acts of aggression, Churchill's letter ended with these words: "I have the honour to be, with high consideration, Sir, Your obedient servant, Winston S. Churchill." Churchill commented in his memoirs, "Some people did not like this ceremonial style. But after all when you have to kill a man it costs nothing to be polite." Churchill, Winston S., Memoirs of the Second World War, Boston, Houghton Mifflin, 1959. Clearly, the ability to maintain civility can be accomplished, even under the most adversarial situations.
Utah has been at the forefront of promoting civility in the legal profession. As a result of the efforts of the Utah Supreme Court Committee on Professionalism and others in state and local bar associations and courts throughout the country, a...
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