If we view civility as essential to trust and collaboration, why would attorneys choose not to be civil?
Fox: We don’t trust and collaborate with opposing counsel, usually. We are advo - cates. The problem lies in going too far.
Salvi: It is hard to know why a lawyer acts uncivil in a given situation. Some- thing in his or her personal life? Client pressure? Whatever the case may be, it is important for lawyers to be aware of
Villinski: Clients and coworkers often place pressure on attorneys to be overly aggressive to win a case. If they’re suc - cessful and the uncivil behavior is re- warded, it is more likely to continue. Moreover, if opposing counsel is un- civil, it can be challenging not to react similarly. It’s human nature to mirror others’ behavior and treat people how they treat you. This can be difficult to interrupt, but listening to understand the other person’s perspective instead of im - mediately reacting is a good first step. In addition, we all know that being an attorney is time-consuming and stress- ful. If we don’t have healthy outlets to release our stress like exercise, time off or doing things we enjoy, it’s easier to overreact in challenging situations.
these pressures or feelings and try to avoid allowing it to bleed into their dealing with opponents.
What has been your most effective means of curbing incivility in your legal practice?
Fox: Lead by example; attempt to deflect by re-focusing the conversation.
Salvi: Preparedness is the great equal- izer. An act of incivility, when I am emi- nently prepared, comes across as little more than either ill-preparedness or an insecurity the lawyer must have regard- ing his or her case. If all lawyers are pre- pared, incivility is unlikely to have any effect, let alone the effect the less-than- civil lawyer desires.
Can we trust our colleagues who are not civil?
Fox: This question calls for a tenuous leap of logic that incivility equals untrust- worthiness or dishonesty. I do not see that connection. I know plenty of very pleasant lawyers who I do not trust in terms of being on opposite sides. Law- yers who are uncivil cause colleagues not to want to work with them because they are unpleasant.
Villinski: If a colleague is practicing strategic incivility, there is a question of trust. Strategic incivility includes things like intimidation, misrepresenting the facts and negotiating in bad faith. This type of behavior undermines trust in the justice system and should be called out immediately.
18 LAW DAY 2023 • CHICAGO DAILY LAW BULLETIN
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