WHERE INCIVILITY THRIVES The Illinois court system charges the Commission on Professionalism with raising awareness and con- ducting training on civility issues. The commission emerged from a Special Supreme Court Committee on Civility created in November 2001, a time when “there was a growing perception that some members of the legal community had a diminished regard for civility and courtesy and were increasingly deploying scorched earth legal tactics,” Harold said. Of particu- lar concern “was the sense that much of the incivility was rooted in gender and racial bias.” That remains the case, according to the commis- sion’s research. In its 2021 survey, instances of inci - vility tied to race, age and sex grew significantly from 2014. The number of attorneys who experienced in-
Erika Harold, center, executive director of the Commission on Professionalism, attends orientation for 1Ls at NIU College of Law with John O’Reilly, from left, of the commission; attorney Omar Salguero; Will County Circuit Judge Vincent F. Cornelius and NIU Law Dean Cassandra L. Hill. — Photo courtesy Commission on Professionalism
In the 2021 survey, four times as many respondents said they had been the target of inappropriate comments about their age or experience, rising to 16.6% from 4% in 2014. “I think there is still, in the practice of law, an old boys kind of network,” Donnelly said. “I think that's something to watch out for, particularly where younger women lawyers are getting bullied by older, more experienced male lawyers. That's some- thing that the judiciary has to be particularly on guard about.” Donnelly recalled two instances where he witnessed this “disturbing” behavior in his courtroom. He described older men talking down to the women who were opposing coun- sel, accusing them of not knowing what they were doing, calling them incompetent and saying they were wasting their time, among other personal slights irrelevant to the pending litigation. “It's hard when you're a younger lawyer and you're just start - ing out in practice … to face off against people who've been around a while. … That shouldn't be made any harder by abu - sive behavior,” Donnelly said. Donnelly believes senior lawyers have a duty to mentor younger lawyers with patience and gentleness, even if they are opponents. Mistakes can be made — but “you can point them out gently.” “There's no need for an acerbic or caustic dressing-down in front of the bench with the purpose to humiliate, shame or co- erce them into doing what you want them to do,” Donnelly said. He, too, finds this type of behavior has been magnified over remote proceedings: “It's easier to belittle somebody you can't see in flesh and blood.” First District Appellate Court Justice Jesse Reyes said such poor behavior is not pervasive, but “any type of incivility is too much” in the profession. In the past 30 years, Reyes said, there has been an in- creased awareness of implicit bias, which occurs automatical- ly and unintentionally yet affects judgments, decisions and be - haviors. More understanding “that we’re all in the same boat” inevitably helps. “We might look a little bit different,” Reyes said. “Someone might be taller or shorter. Our skin tone might be a little bit different. Our gender might be different. But we still have the same issues and concerns.”
civility related to racially insensitive comments rose to 6.5% in 2021 from 1.6%. Respondents who experienced sexist com- ments increased to 12.3% in 2021 from 2.8%. Harold herself recalled an incident when a firm where she worked hosted a business development event with a finan - cial institution. An arriving executive assumed Harold was an assistant and “shoved papers in my hands, brusquely stating that he needed copies made before the presentation began,” she said. “Had this executive spoken to an assistant in that manner, his behavior and tone would have been equally unprofession- al,” she said. “But I was struck by the fact that when he saw me, he didn’t see an attorney with whom to network or who to consider giving business; he saw an assistant who needed to make copies.” Harold was later introduced to the executive as a Har- vard-trained litigator, and she “could see the embarrassment on that executive’s face. It would be my hope that after that experience, this executive would learn to treat everyone — both lawyers and staff alike — with respect. And I hope he wouldn’t make snap judgments regarding what a lawyer looks like.”
CHICAGO DAILY LAW BULLETIN • LAW DAY 2023 13
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