Harsh words impress no one — including juries
I don’t know whether incivility is trending up in absolute terms, but we live in a fractious society, one where even our leaders call one another “liars,” level harsh criticism and engage in insulting name-calling. This conduct is tolerated by too many and actually admired by some. Attorneys may choose incivility in the mistaken be- lief that it makes them look tough or effective. In fact, nearly always, the opposite is true. Shrill or harsh words, insults, disdainful comments — this conduct signals weakness, not strength. Like it or not, most cases are won or lost on facts. Jurors do their best to look past the performance of the lawyers, whether that performance is dazzling, dry or even rude. But jurors do take note of in - civility. They find it distracting and uncomfortable. They recognize that it is inconsistent with the respect that our system of justice requires for credibility. So, incivility is a lose-lose-lose proposition: It never contributes to a legal victory; it is distasteful to judges, coworkers and oppos - ing counsel; and it undermines the public’s trust in and respect for the law and the legal system. All of us have worked hard for our law degrees. We must also work hard to ensure that the profession is ad- mired for its dignity.
REBECCA R. PALLMEYER
Chief Judge, U.S. District Court, Northern District of Illinois
Lawyers, judges play key role in restoring trust
T he pandemic blew a hole in the fabric of our society. We see it in the rise of crime and mental illness. We lost time and some of our civility. But we can make things better. Lawyers built American democracy, and we are the key to restoring our community. As president of the Il - linois Judges Association, I have seen our profession adapt to a new world of remote proceedings. I have seen judges go above and beyond to keep our justice system worthy of the public’s trust. As we build our future, let’s modernize our court pro - ceedings while being mindful that new technology can eradicate barriers to justice, or it can build new electron- ic barriers. We all are privileged to be lawyers and have the obligation to serve and respect the public. The more we focus on that goal, the more we can achieve civility together.
EILEEN O'NEILL BURKE
President, Illinois Judges Association
22 LAW DAY 2023 • CHICAGO DAILY LAW BULLETIN
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