I don’t know about you but right now the world doesn’t feel like a very “civil” place. We are bombarded with daily news of atrocities in Ukraine and other places around the world. Many of our politicians seem to be in constant attack dog mode. Driving around town, it seems impossible not to witness road rage. Even in the grocery store people just look grouchy. What can we do as a profession to contribute to making this world a more healthy, positive and peaceful place?

As a profession we are called to serve in many roles. We are representatives of our clients, our firms, our communities; we are officers of the legal system. Clearly these roles overlap, and we should make conducting ourselves with civility our standard operating procedure. The importance of civility in maintaining the integrity of the justice system and fostering respectful interactions among legal practitioners cannot be underestimated. Certainly, there are challenges with promoting civility in a high-stakes and adversarial environment.

The legal profession, at its core, should be a pillar of justice and fairness, and civility serves as the bedrock upon which this pillar stands. As lawyers, we are entrusted with the responsibility of upholding the rule of law, defending the rights of our clients and contributing to the wellbeing of society. In this pursuit, we must remember the significance of conducting ourselves with utmost civility.

In the adversarial arena of the legal system, it is easy to get entangled in the fervor of competition and lose sight of the values that define us as professionals. However, it is important to focus on the idea that adversaries in the courtroom are not our enemies outside the courtroom. Respectful advocacy should be the norm of our interactions, not only with our clients and colleagues but also with opposing counsel, witnesses and judges.

Conducting your representation with civility does not compromise the client’s best interests or diminish the zeal of your advocacy. It involves conducting your representation with decorum and respect. It means choosing words carefully, focusing on the issues at hand and avoiding personal attacks that undermine the pursuit of truth and justice.

We should recognize that incivility comes at a steep price. It erodes the trust that society places in us as legal professionals. When our exchanges become caustic, when we resort to unnecessary aggression, we risk undermining the integrity of the justice system itself. A courtroom that lacks civility becomes a battleground, and in that kind of environment, the truth can be the first casualty.

There is also a personal toll that aggression takes on our well-being as individuals. The stress and negativity that come with contentious behavior can lead to burnout, deteriorating mental health and strained relationships with colleagues and family. We owe it to ourselves and to our loved ones to cultivate an environment of professionalism, empathy and understanding.

Promoting civility in the legal profession is a personal responsibility for each of us. We must be introspective, acknowledge our own shortcomings and commit to continuously focusing on bettering ourselves. We should make use of all the tools we have as educated professionals including active listening, giving due consideration to opposing viewpoints and being open to the possibility of finding common ground.

Mentorship plays a crucial role in shaping the future of our profession as a safe space for civil behavior. As experienced practitioners, we have the power to influence the next generation of lawyers positively. We must lead by example, demonstrating that civility is not a sign of weakness, but a sign of strength and wisdom.

Law schools also bear responsibility for instilling the value of civility in their curriculum. They can incorporate training programs that emphasize the importance of maintaining professionalism even amidst the most contentious legal battles. By starting early, we can lay a strong foundation for a legal community that values respect, integrity and empathy.

Our judiciary and legal institutions play a vital role in upholding civility. By setting clear expectations and reinforcing standards of conduct, they create an environment that encourages courteous and dignified interactions among all participants in the legal process.

It is our responsibility as lawyers to embrace civility and make it an inherent part of our legal practice. The adversarial nature of our work should not present an obstacle to conducting our practice with respect and professionalism. Maybe if we focus on civility, we can play a part in creating an environment that is more healthy, peaceful and positive. |||

JIM BARRY is retired from his position as chief counsel for corporate litigation for the International Paper Company. In 2016 he was honored with the Janice M. Holder Award from the Tennessee Alliance for Legal Services for his contributions in advancing the quality of justice statewide by ensuring the legal system is open and available to all. He is a co-founder of TBA’s Corporate Counsel Pro Bono Initiative and a graduate of the University of Richmond School of Law.