Expect more
Professionalism Needs To Start With Somebody — How About You?

Charles Swanson, President

Charles Swanson President

Expectations can be intimidating things. The intimidating nature of expectations presented itself to me quite early in my life. I have a sister, named Sandra, who is two years older than I am. As I followed her through elementary school, it appeared to me as though she was in a contest to be named “most perfect elementary student ever!” Her grades were perfect, she was a good friend to all of her classmates, she was helpful to all of her teachers — in sum, she was a royal pain! In grade school, I wasn’t just known as “Sandra Swanson’s brother;” I was known as “I can’t believe you are Sandra Swanson’s brother.”

My sister’s natural superiority did not stop at the schoolhouse door, either. In the immortal words of legendary Vol broadcaster John Ward, “Nooooo-sir-reeeeeeeee.” I can remember receiving my periodic grade report, looking it over and feeling pretty darn satisfied with a bunch of “B’s” among which a few “A’s” were scattered. No “C’s.” In fact, the only real negative was the “N” I received in a subject that was very tough for me — conduct. “N” meant “Needs Improvement.” All in all, though, in my own opinion, my report card reflected a pretty credible performance by me. Although a little concerned about the “N,” I figured this one could be presented to the parents without major fear of repercussions. That afternoon, I presented the report card for inspection by my mother. Unfortunately, my sister, Miss Perfect 1964, already had been there. My mother glanced briefly at my report card and, then, without comment, handed me my sister’s report card. I didn’t even need to look to know that it was filled with nothing but “A’s” and topped, like a cherry on a banana split, with an “S+” (for “Satisfactory Plus”) in conduct.

“But,” I whined, “I’m not Sandra. You all just expect too much from me.”

My mother gave me a compressed-lips, withering look which I suspect was created by Eve when Cain and Able got into their first scrap but which my mother had raised to an art form. “The problem,” she responded, “is NOT that we expect too much from you. The problem is you expect too little from yourself.”

Unquestionably, she was correct. Similarly, we as lawyers sometimes seem to expect too little of ourselves. Most particularly, we expect too little of ourselves in the area of civility and professionalism. Yes, I know that much of what we do is difficult stuff filled with stress, unreasonable client expectations, and deadlines that are hard to meet. My late mother would say these are excuses, not reasons, for unprofessional conduct. Yes, I know that we are required to be zealous advocates for our clients. Another convenient excuse. We can, and should, be effective, zealous advocates for our clients while maintaining civil, even cordial, professional relationships with our colleagues.

For example, in argument to the court, is it really more effective to say “Your Honor, my learned opponent (sarcasm fairly dripping from the lips) apparently failed to read the Smith v. Jones case cited in her brief because that case says … blah … blah … blah…” when it is just as easy to say “Your Honor, a careful reading of Smith v. Jones, cited in both parties’ briefs, clearly reveals that … blah … blah … blah …”? Your point about Smith v. Jones is cogently brought to the court’s attention without the necessity of publicly bashing your colleague over the head. Another example of more unnecessarily zealous and less civil behavior occurs when you notice your colleague to depositions without first at least attempting to agree upon a deposition schedule for your case. There are many other examples of legal, but not particularly civil or professional, behavior that I could cite. I think, however, you see the point.

In my case, I had the ability to make the same type of grades as my sister. What I failed to do was exert the effort necessary to accomplish that result. We as lawyers need to learn that we must exert the effort to be civil and professional, even cordial, in our dealings with our fellow attorneys. Over the course of my career, many times I have discovered that if I am willing to swallow a small gibe or insult and respond with a pleasant or even humorous demeanor, that will set the tone for a much more productive, civil and professional relationship with a fellow attorney. It has to start with somebody; why not let that somebody be you?

As my dear mother would have said, “The problem is not that we expect too much civility from others; the problem is that we expect too little from ourselves.”

Tennessee Bar Journal
September 2004 - Vol. 40, No. 9

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