Do lawyers who act civil put themselves at a competitive disadvantage?
Fox: No, I believe it is quite the reverse. Uncivil lawyers put themselves at a large competitive disadvantage. No judge wants to hear petty snide remarks directed at the other side. In non-court settings, the rude lawyer often moti- vates opposing counsel to work harder than she would otherwise do.
Salvi: Lawyers who act civil are at a competitive advantage. In certain in- stances, the uncivil lawyer may benefit from incivility or otherwise get away with uncivil behavior without being sanc- tioned or punished. In the long run, the civil lawyer is the one whose reputation remains intact within the bar and in the eyes of the bench.
Villinski: Lawyers who act civil do not put themselves at a competitive disad- vantage. Being civil does not mean you have to agree with the other person’s position. Instead, it means that you can zealously advocate your position with- out demeaning the other person or their position. I would argue that this type of civil advocacy can often lead to a more satisfactory outcome for both sides.
Do you have other thoughts or observations to share on civility?
Fox: Everyone has a much more enjoy - able time as a lawyer when they do not have to deal with unprofessional jerks. Practicing law is hard enough without that overlay. This sounds perhaps too simplistic, but if we remind ourselves to dial it back each day, there would be less civility issues.
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