Law Day 2023

“Very often, when you get to the bottom of some - one who’s behaving in a way that we would say is rude, obnoxious or uncivil, there’s an underlying unad - dressed issue,” she said. “And very often it’s an is- sue of lawyer wellness, whether it’s an addiction issue or a mental health situation.” With a lawyer’s ultimate objective being to se - cure a victory for a client, the line between zealous

advocacy and incivility can begin to look more like a gradient. James J. Grogan, an adjunct professor at Loyola Universi - ty Chicago School of Law and former deputy administrator and chief counsel for the ARDC, said the gray area between standing one’s ground and incivility often manifests in attor - ney’s criticisms of judges. Grogan said attorneys should aim to convey "Judge, I think you got that wrong," not so much "Judge, you're a horse's ass." But that said, “that lawyer sometimes has to challenge

the process, so you have to give enough play to the person to be able to repre- sent that client in the con- text of a case.” Despite the ambiguity of the two concepts, Grogan offered a simpler mantra: “Obnoxious doesn’t mean zealous.” Grogan suggested that

Wendy Muchman

“ It feels good to the person doing it because it’s a release. It’s like a built-up explosion. But the problem is that you leave everyone in its wake decimated.” - Diana Uchiyama

incivility may operate as a form of “primal scream therapy” where one un- leashes pent-up emotions to achieve ultimate catharsis. However, he said, this method of release does not belong in the legal profession. “Incivility by its very nature means it’s disruptive and not appropriate,” he said. “You’ve got to distinguish that from sometimes being tough, being aggressive, being hard-nosed, [to] where you cross that line. Incivility has nothing to do with the process.” Diana Uchiyama, director of the Illinois Lawyers’ Assis - tance Program, said that the “win at all costs” mentality of James J. Grogan

Do we want to win at all costs?

CHICAGO DAILY LAW BULLETIN • LAW DAY 2023 29

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