YOUNG
LAWYERS'
SECTION
COLUMN
What Should We Do About Incivility? By Brian H. Ratcliff
It finally happened. I picked up the phone and a secretary in another law firm told me her attorney was preparing his brief. He did not have a copy of my brief and wanted one. I knew that I had not prepared a brief in the case. I replied, "What brief and when was it due?" She had a letter setting out the briefing schedule which she kindly read to me. I told her I would get back to her. I looked at my calendar, no brief date was there. I looked in my file; I had no letter setting the briefing schedule. I asked my secretary; she did not have the letter and rudn't remember receiving one. I called another attorney who was involved in the case. He had the briefing sched ule. I confessed that I did not have the letter and did not remember receiving it. He replied that this was really strange as he received two originals of the briefing schedule. Eventually, all orally agreed that I must not have received the schedule and we would just request another briefing schedule. My word that I did not receive the schedule was good. This could have been a blood bath of motions, affidavits, and hearings to determine if I had, indeed, received the schedule. I was dealt with in a very civil manner and have not forgotten it. Unfortunately, my example may not be common. Of those responding to the Fax Poll in this
issue, 89% believed that incivility among lawyers was on the increase. 83% of those responding related that incivility is a major problem and the Arkansas Bar Association should address the problem. I do not believe there is a simple solution to the problem. On May 9, 1986, the Pulaski County Bar Association adopted a code of Professional Courtesy. It contains 23 statements which I recommend all attorneys read. It has been reprinted in this issue and is on the following page. If all attorneys followed this code, there would be no problems. One of the first things I want to find out when I am handling a case is who is on the other side. Why is this so important? If the attorney on the other side is professional, courteous, and honest, the case seems to progress better. Are there some attorneys who just can't be civil to you no matter what? Although you try your best, you Simply are unable to get along. Who are these people? There has been much talk in the Bar Association that a good deal of the problem is with young lawyers. 100% of those responding to the Fax Poll responded that ethics and law classes should deal with the issue. While this can help, I do not believe it is the solution. You can lead a horse to water, but you can't make it drink. If an attorney takes some action in a case that you consider uncivil, I suggest that you write him or her or, better yet, talk
about it. Kindly letting them know this is how we do things here, or Judge Smith likes it done like this, can be a great icebreaker. How can you remain civil and still serve your client's best interest in light of these uncivil jerks? I suggest we all remember the Preamble. A Lawyer's Responsibilities contained in the Model Rules of Professional Conduct states, in pertinent part: "A lawyer should use the law's procedures only for legitimate purposes and not to harass or intimidate others." Here are some questions that I try to adhere to when considering certain actions:
1. Is this something that would upset me if someone did it to me? (Do unto others as you would have them do unto you.) 2. What is my goal, and why am I doing this? 3. Is this really serving my client's best interests? 4. Am I doing this because the attorney has done something to offend me in the past and now I can get even? 5. Remember the old saying "what goes around comes around" usually does, sometimes tremendously. In conclusion, I would encourage you to think before you leap. If we all considered the above points before we acted, we would be able to practice law in a much nicer, harmonious environment. 17
ARKANSAS LAWYER
SPRING 1994