The Golden Rule in the Practice of Law

The Golden Rule states treat others how you wish to be treated.  This applies to dealing with opposing counsel.

A recent article in the ABA Journal [Find it] tells the story of a Florida attorney who recently received a 2 year suspension from the practice of law for incessantly disparaging opposing counsel.  The Florida Supreme Court in its opinion [here] stated “Screaming at judges and opposing counsel, and personally attacking opposing counsel by disparaging him and attempting to humiliate him, are not among the types of acceptable conduct but are entirely unacceptable. One can be professional and aggressive without being obnoxious”.

While you might think this is an isolated incident, a quick look at recent articles and books suggests this is certainly a topic of interest to bar associations and legal scholars.

For further reading on the topic of civility in the law profession, check out these recent books in our library:

1. The American Legal Profession in Crisis: Resistance and Responses to Change (Chapter on “the Loss of Civility”) [KF300 .M648 2013]
2. A Life in the Law : Advice for Young Lawyers (Chapter “On Encouraging Civility”) [KF372 .L54 2009]
3. Professional Responsibility in Litigation (Chapter “Civility and Saber-Rattling”) [KF306 .R53 2011]

Or these recent articles:

1. Making Civility Mandatory: Moving from Aspired to Required, (11 Cardozo Pub. L. Pol’y & Ethics J. 239)
2. Raise Your Right Hand and Swear to Be Civil: Defining Civility as an Obligation of Professional Responsibility, (47 Gonz. L. Rev. 99)
3. Civility and Collegiality—Unreasonable Judicial Expectations For Lawyers as Officers of the Court?, (2 St. Mary’s J. Legal Mal. & Ethics 324)

You may also want to check out our Research Database ABA/BNA Lawyers’ Manual on Professional Conduct