The Myth of Lawyer Incivility

In your recent article about "incivility" among lawyers, I was amused to see the infamous phrase I coined a decade ago being trotted out by Mr. Carney. I penned the phrase in response to an allegedly more seasoned attorney’s delay tactics and numerous derisive taunts about my lack of trial skills, lack of experience with a particular Judge, and the merits of my client’s case. I chided this attorney for not answering the "damn phone" and I informed him, tongue in cheek, that "a retarded monkey with Alzheimer's" could win the case. Although too flippant in my expressions, I do not regret them. I only lament that your readers do not have the benefit of experiencing the condescending behavior that inspired them.

Fact is, I was as angry then and I am now with the Bar’s Graybeards that ignore the sources of incivility. While a velvet tongue is useful in maintaining civility, there are greater sins of incivility rampant among our judges and the Utah Bar’s senior leadership. These fossils of the imagined halcyon days when all lawyers and judges were civil invariably mislabel frank and direct speech that calls them on their bullish behavior as "uncivil." With self-righteous indignation and the veiled agenda of hobbling their competition, they target younger lawyers or the more flamboyant for punishment for being the alleged epitome of incivility.

While these senior attorneys and judges may never utter a "damn" nor a sarcastic phrase, many are guilty of more substantial incivility. They use their positions and knowledge, not as civilizing tools of persuasion and justice, but as weapons to bludgeon and demonstrate their superiority. They belittle, connive and patronize. They are rude and inpatient, often treating attorneys and parties before them with no concern for their humanity, their schedules or their time. They never enlighten, empathize or apologize. No, the Bar membership does not suffer from a lack of civility, it suffers from a lack of leadership. To the Frank Carneys of the Bar, I say clean up the leadership before you smugly tally the sins of the rank and file.

Loren M. Lambert
August 26, 2003