Young Lawyers Section

LAWYER CIVILITY

It has been suggested to me that civility among members of our Bar is in drastic decline. Though I have never participated in a polling on this subject, or, for that matter have known about any that was taking place, it has been suggested that the most problematic areas in our state are the Charleston-Huntington area and in the northern panhandle.

If you accept these reports as true, I can see how it would create some level of concern. However, I wonder if the lack of civility currently being discussed is real or perceived? Are lawyers actually behaving so badly or childlike that we need to be alarmed? I wonder if we may be romantically going back to an earlier day when all lawyers knew each other and usually only practiced in one or two counties. At that time there was little interference from lawyers from out of state, and all lawyers were able to make a comfortable living.

If we are judging today's standards on the nostalgia of the past, this may be creating some of the perception of non-civility. However, to the extent there is a real problem I would like to be one of the first to suggest that the current attitudes about civility, or lack thereof, have come as a result of over-regulating the rules and standards for lawyers.

When we were in law school, we all learned the Rules of Professional Responsibility and the Rules of Professional Conduct, all of which were designed to tell us the guidelines which guided our profession. That "code" meant something to all of us at the time. We knew that the "code" was what separated our profession from the others. Somewhere, as a result of greater competition and over-regulation, lawyers began to re-interpret this noble concept, and in doing so many lawyers began the ride on a slippery slope into perceived non-civility. After talking with lawyers who practiced law for a greater number of years than I, I am more convinced more than ever we have regulated ourselves into non-civility. Older members of the Bar treated each other with respect, honesty and dignity at all times and lived under the adage "what goes around, comes around."

Now I am sure we can all name numerous examples of how increased competition has lead lawyers to become more aggressive, mean spirited and profit driven than in the past. More problematic is that it appears that aggressive lawyers have turned the Rules of Professional Responsibility into an offensive attack weapon instead of the noble set of standards they were designed to be. So great is the decline that I now receive letters from lawyers citing and mis-citing Rules of Professional Responsibility and Rules of Procedure in an attempt to produce leveraged results. Further adding to the problem is the cowardly way in which lawyers can, and do, report other lawyers' alleged violations of disciplinary rules in secret to gain economic advantage.

In my childhood neighborhood we had a "code," that was rarely ever violated. The rules were easy; punishment severe. The rules were as follows: 1) Don't steal; 2) Don't "rat" on your friends; 3) Don't talk about people's mothers. Only those who chose to be outcasts or "disciplined" violated our rules.

As I grew older, I adopted other rules by which I now live my life. One of these rules, I am almost afraid to admit, I learned from the movie "Scarface." The main character, Tony Montana, before he became the quintessential drug lord stated to his soon-to-be partner but later rival, "I only have two things: my word and my b*lls. I don't break them for anyone." I added this rule to my practice of law and so far have been able to get along with everyone.

However, I also suggest that we adopt the following rules to improve civility: 1) Treat the other lawyer the way you would want to be treated; 2) Try to see things from the other lawyer's point of view; 3) Show respect for the other lawyer's opinions B even if wrong; 4) If you are wrong, admit it; 5) If you win (any points) always let the other lawyer save face.

I hope this helps B apparently we could all do it before we were lawyers. As a not-so-wise man, who became a millionaire, once said "Can we all get along?"