Focus on Civility Early in Your Practice
As new attorneys, you should set the standard early in your career to practice law in a manner that promotes civility. What does that mean? Be nice, argue your points calmly, and freely provide relevant facts. I would argue (calmly) that this will serve you well in establishing your professional reputation, will lead to success in your practice, and will help you maintain a low stress level. Oh yes, one more thing: civility is the law you must abide by as a licensed attorney.
Your obligations began with the oath you took to become an attorney, which is contained in the California Rules of Court, Rule 9.7: “As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy and integrity.” The state Business and Professions Code § 6068, which sets forth your “Duties as an Attorney,” includes the duty to “maintain the respect due to the courts of justice and judicial officers.”
The State Bar of California has promulgated “Guidelines of Civility and Professionalism.” Those Guidelines contain 21 different sections covering everything from punctuality to service of papers to conduct in court. It also provides specific examples of conduct that violates the civility guidelines.
Court civility codes provide another resource for you as you establish your practice and your reputation. The District Court for the Southern District of California has their own provisions for practicing before that court, available at Civil Local Rule 2.1. That code invokes, inter alia, the Golden Rule “to treat others as we ourselves would like to be treated.” Also, the San Diego County Bar Association has issued Guidelines on Civility, available here.
The expectation of civility may soon be incorporated into state law. Pending before the California Supreme Court (which has final say on the Rules of Professional Conduct) is a proposed civility rule that states:
Proposed Rule 8.4.2: (a) In representing a client, a lawyer shall not engage in incivility in the practice of law. (b) For purposes of this rule, “incivility” means significantly unprofessional conduct that is abusive or harassing and shall be determined on the basis of all the facts and circumstances surrounding the conduct.
The proposed commentary to the Rule advises consultation with the Guidelines, detailed above, for determining what is “unprofessional conduct that is abusive or harassing . . .”
Even without an adopted Rule of Professional Conduct on civility, the courts have regularly weighed in on unprofessional conduct. In WasteXperts, Inc. v. Arakelian Enterprises, Inc., (2024)103 Cal. App. 5th 652, the court emphasized that it was publishing the opinion to make a point about civility. The court identified many things that one should not do in legal writings because they create a sense of incivility that is not well taken by the court. For example:
- Don’t use inappropriately harsh terms to launch needless and unsubstantiated attacks on the decisions made by the trial judge, opposing party, and their lawyers.
- Don’t dispute the merits of a ruling by calling it “transparently erroneous,” “egregious,” or a “truly perverse miscarriage of justice.”
- Don’t accuse the court of overreaching
- Don’t make unfounded insinuations that the trial judge became an advocate for the other side.
In short, it makes good sense to practice civility from the get-go, and to play close attention to the rules, civility codes, and judicial opinions that provide guidance on doing so. The payoff in the end will be a successful career and strong reputation.