I t’s no secret that lawyers are stereotyped as hard-nosed and combative to a fault, forgoing accepted social conventions and professional guidelines in pursuit of a win. While that may win cases on TV, practicing attorneys are acutely aware of the potential consequences of incivility: censure, suspension and, in particularly severe cases, disbarment. And yet, incivility persists. Could it be that attorneys are hard-wired to lose their cool? Or does the demanding, often unrelenting industry foster such behavior? Maybe it feels good, powerful even, to rage against the confines of a profession uniquely dictated by both rigid stan - dards and adversarial spirit. Or perhaps, more cynically, it pays to be belligerent. “There’s always been those types of unfortunate jokes or dark humor types of references to lawyers being uncivil and engaging in incivility,” said Melissa A. Smart, director of ed - ucation at the Illinois Attorney Registration and Disciplinary Commission. “And I think that oftentimes that might be derived from the misperception that lawyers have to be ag - gressive, or otherwise argumentative, in order to be deemed successful.” Smart suggested that an “imperfect storm” of increased technology and social media use merged with a hostile politi - cal climate contribute to today’s incivility. And the stress of the ongoing COVID-19 pandemic and reduced in-person connection may also be factors.
“There are people who have suffered loss, who have suffered illness, who are still suffering from long- term effects, that just had a whole bunch of bot- tled-up emotions going on during a shutdown period,” she said. “And now we are, as legal professionals, grappling with an entire - ly new legal landscape where court matters are being done in hybrid ways or via Zoom. There’s less networking and in-person camaraderie.” Wendy Muchman, the Harry B. Reese Professor of Prac - tice at Northwestern Pritzker School of Law and former chief of litigation and professional education for the ARDC, added that attorneys who commit incivility are often dealing with unaddressed personal struggles, which can be exacer - bated by the demands of the profession. Melissa A. Smart
CHICAGO DAILY LAW BULLETIN • LAW DAY 2022 27
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