Trial Magazine

We regularly see articles and op-eds bemoaning the loss of civility in the legal profession. They might seem unrealistic, urging us to follow a code of conduct that may appear outdated and detrimental to our ability to fight for our clients. Nothing could be further from the truth. Civility and courtesy—when combined with zealous advocacy—are powerful tools for your clients and your professional development.

Conserving resources. Your team’s time, money, and energy are finite. Why waste those resources squabbling over issues that make no real difference to your results? Learn to pick your battles, and don’t let opposing counsel distract you into engaging on nonessential matters. If the goal is to show opposing counsel that you’re not a pushover, stand your ground when it matters.

Quid pro quo. When you have a reputation for professional courtesy, others return the favor. Opposing counsel is more likely to move a hearing to accommodate your client or let you manage a family hardship when he or she knows you extend those same courtesies to others.

Reputation with the court. Judges and their staff notice and remember how attorneys behave, particularly those who use up the court’s time and resources on issues they could have settled with a phone call. Do you recall the old law school saying, “When the facts and law are against you, pound on the table”? Judges do too—and they will take you more seriously if you are the attorney who fights only about things that matter.

Reputation in the community. Whether you are looking for referrals, leadership roles, or future employment, remember that people will compare notes about you—and not all of those people will be your plaintiff-side colleagues. Nobody wants to spend time with people who are arrogant or rude. Just about everyone, however, wants to work with those who are as courteous as they are competent.

Civility in legal practice is not obsolete—it is essential to effective advocacy and a successful career.

Laurel Halbany is an associate at Kazan, McClain, Satterley & Greenwood in Oakland, Calif. She can be reached at lhalbany@kazanlaw.com.