|
Swapping stories of outrageous conduct is a favorite lawyer pastime. I remember as a young lawyer being regaled with tales of one prominent litigator in particular. One
of his favorite tactics was to mouth obscenities at the opposing lawyers as he walked back to counsel table after examining a witness. By the time he turned around to again face the judge
and jury he was the very model of decorum and solemnity.
This is an extreme example, but you no doubt could tell similar stories about rude and offensive conduct by lawyers in our community. The less fortunate among you have
encountered some of that conduct first hand. Unfortunately, some lawyers perceive a tactical advantage in incivility. Their aim seems to be to make litigation against them so miserable an
experience that opposing lawyers will do anything to end it, or avoid it altogether. They are intent on wearing down the other side through annoying or offensive ploys, both large and
small. The notion seems to be that rude or boorish behavior will distract opposing lawyers; make them take their eyes off the ball; elicit irrational, emotional responses. You might call
it the Dennis Rodman school of litigation tactics.
Fortunately, lawyers who adhere to this philosophy are the exception. They get an inordinate amount of attention, however. They make for good copy, so to speak. Indeed, in our
popular culture the so-called "mad dog" or "Rambo" litigator is usually considered the very best kind of lawyer to have in your corner. You are unlikely to see a
television or movie character threaten a lawsuit by saying, "You'll be sorry. I'm going to hire the most dignified, courteous and honest lawyer in this town." Regrettably, some
potential clients have adopted this perception that the meaner, the ornerier, the nastier a lawyer is, the more effective an advocate that lawyer will be.
Even more regrettably, I fear that too many young lawyers are buying into the notion that incivility makes for effective advocacy. There has been no shortage of articles and
speeches calling for greater civility among lawyers. I concur wholeheartedly in that sentiment. Lawyers should see themselves as engaged in a noble profession. They should conduct
themselves with dignity and courtesy. They should be invariably honest and straightforward. Why? It should be enough that it is the right thing to do, and a more satisfying way to
practice - a better way to live, for that matter. Those whose lawyering strategy is to inflict maximum misery often make themselves most miserable of all. But I write to suggest one
additional reason for adhering to the highest standards of courtesy and professionalism. Civility, dignity and honesty not only make for a more satisfying and fulfilling professional
life, but for more effective advocacy.
Now, it must be admitted that sometimes Rambo-style tactics can lead to an advantage. But usually that advantage is temporary. A lawyer who develops a reputation as someone who
takes unfair advantage, who is rudely confrontational, abusive, and unreasonable, severely undermines his or her effectiveness as an advocate. The meanest, nastiest, orneriest lawyers in
town may well be the least effective advocates. Other lawyers view their every word with suspicion, are wary of their settlement overtures, and are less likely to cooperate with them in
reaching a fair resolution of a dispute. Judges quickly learn of their reputation. Jurors are put off by the way they treat other lawyers and witnesses. Whether fair or not, in the minds
of many civility is often linked to credibility. Judges, jurors and other lawyers are more likely to believe a lawyer who is courteous and treats others with dignity and respect. Or, put
more simply, we are more likely to believe people we like.
Unfortunately, it is true that some see civility as indicative of weakness. The reality is, however, that a lawyer can be firm and tough-minded while being unfailingly
courteous. Indeed, there is real power that comes from maintaining one's dignity in the face of a tantrum, from returning courtesy for rudeness, from treating people respectfully who do
not deserve respect, and from refusing to respond in kind to personal insult.
Finally, I think the ultimate proof of my hypothesis is found in a review of the most successful lawyers in our bar. I won't mention any names here, but I do have specific
individuals in mind. In my view, the most effective and successful lawyers in our community, the lawyers who can be described as the giants of our bar are, almost without exception,
civil, courteous, and respectful men and women who practice in a dignified and professional way. And I believe the exceptions succeed not because of their incivility, but in spite of it.
I urge young lawyers in particular to choose the higher road from the very beginning of their careers, because a reputation once developed is very difficult to alter. It will not only
make your professional life more fulfilling, but will, quite simply, make you a better advocate.
|
