3C. Strategies for Managing Incivility
The following points are provided to facilitate a discussion about strategies to manage incivility.
Share with the new lawyer an example of how you handled an uncivil lawyer and how the difficult relationship affected the representation, etc.
Identify characteristics of uncivil lawyers of which the new lawyer should be aware.
Provide suggestions of the best and most professional ways to address areas where incivility commonly occurs: depositions, interrogatories and document requests, scheduling, continuances and extensions of time.
Discuss how to handle disrespect, bad faith, accusations, name-calling, claims that are baseless.
Discuss the value of alternative dispute resolution processes. How might ADR processes reduce the likelihood of incivility? How might training in ADR methods help a lawyer better avoid incivility?
Review and discuss the following: http://www.aswllp.com/CM/Custom/Civility.pdf CIVILITY: SETTING THE TONE FOR RESPECT by William B. Smith
Resources:
Fostering Civility Within the Legal Profession: Expanding the Inns of Court Model of Communal Dining by Celeste F. Bremer, J.D., Ed.D www.innsofcourt.org/Content/File.aspx?Id=1213
© 2007 and 2011 Revised Edition by Illinois Supreme Court Commission on Professionalism