T he rule of law is foundational to our constitutional democracy, and an independent judiciary is essential to ensure that the rule of law is respected and endures. I submit to you that, as lawyers, we owe a special duty to the public and the legal system in which we serve to see to it that our judiciary remains independent and our judges remain safe. As lawyers, we need to use our skills as advocates and influ - encers to explain why the importance of an independent judiciary isn’t lessened or diminished on any situational basis. Stressing civility in our dealings with opposing counsel and clients is obvi- ously the right thing to do. However, we often forget that the judge or court, too, is entitled to be treated with the same dignity and respect. Simply put, when members of the public come to believe that even lawyers have no belief in or For decades, lawyers would work out problems with opposing counsel in the hallways or conference rooms of our courthouses. Lawyers would take advantage of talking to the judge rather than filing motions. The shift to remote practice has prevented lawyers from doing this. The heavy reliance on technology has resulted in hiding behind emails and text messages, and in many instances sending uncivil communica- tions. There is now a whole generation of lawyers who attended law school on- W hile technology has certain- ly increased the pace and improved the practice of law, electronic communications have become the No. 1 hotspot for lawyer misbehavior and incivility. This must change. As a mentor taught me, “If you wrestle with a pig, you’ll both get mud - dy, but the pig will enjoy it.” Dexterity in communicating in interactions with cli- ents, witnesses and the public are skills that lawyers historically developed early in their careers and fine-tuned over the course of their lives.
Civility costs nothing, buys everything
line and are now practicing from home. We must be mindful of the impor- tance of developing and mastering soft skills: not only people and social skills, but also character and personality traits. From empathy and integrity to flexibility and communications, these skills are critical to success in the legal profession. As experienced lawyers, we are obli- gated to mentor and train the next gen- eration of lawyers in the soft skills of civility and lawyering: how to effectively conduct a phone call, hold a face-to-face meeting, have a cup of coffee, or engage in an informal conference with the court. The new technologies that have ad- vanced the practice of law are here to stay, but that does not mean we can accept incivility in practice. We must do what we can to keep what was good and most useful in traditional practic- es and apply them in modern practice. We must commit to training young law- yers and improve civility in the practice of law to ensure the betterment of our profession. respect for the judiciary, we will have failed in our duty and ability to uphold the rule of law for the benefit of all, and chaos will ensue. Whether we like it or not, lawyers are leaders. As such, we should hold our- selves to a high standard of conduct, since so many of our clients, friends and acquaintances look to us for infor- mation and guidance. When we allow ourselves to dispatch with civility and engage in personal attacks on a judge or court because we disagree with or are disappointed by the outcome of our case, or any case, we have failed in our roles as leaders. The ISBA has always and will always champion the rule of law and the critical role that a safe and independent judicia - ry plays in it. We support our judges and thank them for doing a difficult job in in - creasingly difficult times.
Timothy S. Tomasik President, Chicago Bar Association
Our special duty to the judiciary Rory Weiler President, Illinois State Bar Association
36 LAW DAY 2023 • CHICAGO DAILY LAW BULLETIN
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