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