Aggressive lawyering is no longer welcomed in the profession – but civility is, said legal trend watchers on Dec. 19 during the American Bar Association CLE “Civility and the Death of the Rambo Lawyer.”
January 06, 2025 Professional Responsibility
Out with aggressive lawyering, in with civility
The adversarial nature of law practice naturally stokes the classic pushy stereotype of a lawyer, they said.
“Sometimes the client wants you to ‘beat’ the other side, not just win,” said Josh Camson of the Montgomery County, Pennsylvania, Public Defender’s Office, who also discussed client requests to “embarrass the witness” or “get them.”
But that “Rambo” attorney isn’t going to impress your judge, said Debra Walker, a judge on the Illinois Appellate Court.
Walker shared a 2024 survey by the Illinois Supreme Court Commission on Professionalism that found 14 percent of lawyers in Illinois were bullied by a judge; 10,000 lawyers in the state have left a job due to bullying.
Jayne Reardon, deputy general counsel at FisherBroyles LLP, said that such incivility is a contributing factor to the mental health and substance abuse problems that plague lawyers at a much higher rate than those in other jobs.
Moreover, incivility harms public confidence in the justice system and makes the practice of law less satisfying for those on all sides of a case.
Individual efforts to turn the tide are needed. Reardon said it is important that managers address behavioral problems as they arise. “What starts out as a bit of rudeness, perhaps a little incivility, morphs over time into bullying and perhaps sexual harassment,” she said.
Instead of feuding with opposing counsel, build a rapport, said panelists. When faced with incivility, maintain your composure, propose solutions to challenges and seek judicial intervention early.
Walker said she prefers lawyers who know the law and who can advocate sincerely. “There is strength through civility,” she said.
Related links:
- “Civility and the Death of the Rambo Lawyer [CC]”
- ABA Center for Professional Responsibility
- ABA Law Practice Division
- Model Rules of Professional Conduct that apply to civility:
- Rules 1.2(d), 1.3 Cmt [1], 1.4(a)(5), 3.4, 3.5 and 4.4(a) and 8.4.
- ABA Journal:
- “Lawyers' 'barrage of personal attacks' on opponents started with tissue-box toss, appeals court says”
- “Does judge's reference to 'little Chinese woman' show bias? Appellate concurrence sees 'pure stereotyping”
- “A return to civil, pragmatic conflict resolution”