As we all know, much controversy exists regarding the current Trump administration. I enjoy commenting on social media, particularly on the legal aspects of these controversies. In many of my posts, I noted that some people responded quite viscerally against the President, including many who engaged in the type of name calling reminiscent of our junior high school days. So I publically asked that people, in responding to my posts, behave civilly. Although many applauded my efforts to maintain civility, others responded quite negatively. One woman even went so far as to advocate that promoting civility was “anti-women.”
When we become attorneys licensed to practice in Washington, we are required to take an oath. Part of that oath states, “I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which I am charged.” In my view, refraining from “offensive personalities” calls for civil behavior in both a personal and professional context. In fact, some courts have ruled that this component of our oath may be violated by out-of-court conduct in addition to an attorney’s conduct in the courtroom. California recently addressed this issue and now requires all attorneys to take an oath that includes the following statement, “As an officer of the court, I will strive to conduct myself at all times with dignity, courtesy and integrity.”
Lawyers, because of the oath we take and our unique role in promoting justice in our society, need to continually model civil behavior. Thankfully, in my firm’s practice of business law, estate planning and probate, the vast majority of attorneys we engage with in negotiations, and occasionally spar with in contested hearings, are civil, professional and ethical. Although emotions can run high, both in advocating for a client’s position and for a political viewpoint, most experienced lawyers know that advocacy will be most effective if done in a respectful and thoughtful manner. As one attorney, former President Obama, noted, “[P]rogress doesn’t come when we demonize opponents. It’s not born in righteous spite.”
The Washington State Bar Association’s Creed of Professionalism states, in pertinent part, “As an officer of the court, as an advocate and as a lawyer, I will uphold the honor and dignity of the court and of the profession of law. I will strive always to instill and encourage a respectful attitude toward the courts, the litigation process and the legal profession.” Although it can be challenging, I view civility as taking a stance that is pro-women, pro-lawyer and pro-democracy!
Photo credit: David Mertl on Flickr
Phone: (206) 784-5305
