In the past couple of months, I have noticed more and more attorneys acting more nasty than necessary to opposing counsel – specifically toward my partners and me.
I did some serious self-analysis on whether or not I was the problem – luckily I determined I was not by speaking with many attorneys I respect.
Whew – that was a relief, although we can all always improve.
From a California lawyer threatening my partner with sanctions daily for basically every contrived transgression, to a Texas lawyer treating my colleague disrespectfully for filing a motion for summary judgment and scheduling a hearing before discovery, to a Florida lawyer refusing to schedule hearings because they want to delay progress, I find myself asking “why?”
After all, these are all issues for the courts and there is no need to act as an obstructionist to the legal process.
We have enough pressures to deal with as lawyers and some of society already thinks we are a rude profession. There are more jokes about the legal profession than perhaps any profession or industry that exists.
In the highly demanding and competitive world of our profession, it is easy for fellow attorneys to become consumed by the pressure to win cases, meet tight deadlines and manage heavy workloads.
Yet, amid these challenges, one of the most essential qualities that should never be overlooked is politeness or, dare I say, friendliness.
We should be traveling on the higher road and not stooping to the level of our clients in adversarial situations, even if they request us to do so.
I find myself encountering many attorneys who want to litigate a case on the phone or through email, yet ironically are less than excited to bring up the issues in court by delaying scheduling of hearings.
Civility, paired with kindness, is more than just a matter of etiquette or politeness. It is a foundational principle that can positively influence the legal profession, promoting better communication, fostering stronger relationships and ultimately serving the interests of justice.
It is greatly concerning to me that I feel like politeness is declining in our profession and in the world right now.
It is hugely negative for us as a profession both internally and externally.
The practice of law often involves interaction with clients, colleagues, opposing counsel, judges and juries. Every individual plays a role in the legal process, and ensuring that these interactions remain respectful is paramount.
A lawyer who displays kindness and courtesy, even in adversarial situations, sets a standard for their peers and contributes to the development of a more cooperative and productive legal atmosphere, as well as the perception of lawyers in the community.
In an adversarial system, there is a tendency for emotions to flare, especially when stakes are high.
However, choosing to respond with civility, even when faced with hostility or aggression, can help defuse tense situations and promote a more constructive dialogue.
Lawyers who approach their cases and counterparts with respect foster better communication, which is critical for achieving fair and just outcomes.
Civility reduces the likelihood of misunderstandings, miscommunication or unnecessary conflicts, which can lead to delays or unfavorable results for clients.
Clients often turn to legal professionals during some of the most stressful and challenging times of their lives. A lawyer’s demeanor and approach can significantly impact the client’s experience and their perception of the legal process.
Kindness and empathy are essential qualities for any lawyer to demonstrate, as they reassure clients that their concerns are heard and taken seriously.
A lawyer who listens attentively, communicates clearly and treats clients with respect not only enhances the client’s sense of trust and comfort but also increases the likelihood of achieving a favorable outcome.
When clients feel respected and valued, they are more likely to have confidence in their lawyer’s abilities, follow advice and collaborate on finding solutions.
This, in turn, leads to more efficient and effective legal representation, ultimately benefitting both the lawyer and the client.
Please join me in treating each other kindly as we collaboratively solve our client’s problems.
Christian George is managing partner of Akerman’s office in Jacksonville.