Law Commons^™

Enforcing Civility: Holding Attorneys To A Higher Standard Of Conduct, David A. Grenardo

Faculty CLE

As there continue to be incidents of attorneys slapping opposing counsel at depositions, attorneys personally attacking each other during litigation (including in one case disparaging remarks about an attorney’s alleged lack of parenting ability), and numerous other rude and disrespectful behavior by attorneys, incivility remains a pervasive problem in the legal profession. The response thus far to incivility by the legal profession includes voluntary civility codes and calls for professionalism. These responses fail to address the systemic issue of incivility in the legal profession. As a result, several states added civility to their oaths of admission, while several jurisdictions took …

Making Civility Mandatory: Moving From Aspired To Required, David A. Grenardo

Faculty Articles

Despite the rise of voluntary civility codes and calls for professionalism, incivility persists in the legal profession. The practice of law is a privilege, not a right, and attorneys must be held to a higher standard of conduct as a lawyer is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice. The time for mandatory civility has long come, and all state bars should follow the lead of the few jurisdictions that have made civility mandatory.

This article examines what civility is, its importance, and the problem …