Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
Kindergarten Parties in Civility Needed for Warring Lawyers?
September 13, 2011
Recently, a couple of judges have provided entertaining fodder for the legal press.
A federal judge in Austin ordered squabbling attorneys to a kindergarten party in his courtroom to learn about civility. The combatants, undoubtedly not happy with the public relations disaster, not only settled their differences, but the underlying case as well. The party was thereupon canceled.
Delaware Superior Court Judge Peggy Ableman also blew a gasket, writing a stern letter to warring counsel in an asbestos litigation case – she ordered them to attend a mandatory civility course on the Sunday of Labor Day weekend. She instructed the lawyers to "bring sleeping bags, toothbrushes, teddy bears and jammies" noting in a footnote that this would be appropriate attire given "the childish level to which this litigation has stooped."
Is it really this bad? Are attorneys truly this childish? Well . . . we've certainly seen a lot of lawyers who behave badly or childishly, and who seem completely oblivious to professional civility. We have been on phone calls and in meetings with outrageous displays of temper, obscene language and threats. While these experiences are not common, they happen often enough that I sometimes despair and fear that professional courtesy has gone the way of the typewriter.
In more than 30 years of practicing law, I have certainly been angry from time to time with opposing counsel for the kind of conduct described above. But I have always governed my tongue, mindful of the civility that is expected of attorneys. In the last decade or two, it seems as though that civility has eroded – I am somehow convinced that the electronic era and its temptation to react immediately – and often badly – has been at least one factor in this erosion.
In Virginia, we have taken this trend very seriously and now have a mandatory course in professionalism. It's a good step, but this step and the actions of the judges described above can only go so far. Hopefully, lawyers will remember the sage advice of long ago and count to ten before saying something unfortunate. Or, in more modern parlance, take a walk to the nearest Starbucks and get a latte – when you return to the office, you are much less likely to write or utter something foolish.
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