April is a month filled with promises of renewal. We celebrate spring with warmer weather and blooming desert flowers. In my house, we also celebrate two holidays that represent new beginnings, Passover and Easter. These holidays represent a lot of things to a lot of different people, but the thing that always stands out to me is the idea that even when others do something that hurts or upsets you, you are not supposed to wish harm on them. You are supposed to remain civil, kind and loving—even when others don’t treat you that way.
This is a good lesson for anyone, but it’s particularly important to those of us who work in such an adversarial profession.
The Creed we vowed to follow
Civility—a polite act or expression—is required of all members and affiliate members of the bar. This year, I had the pleasure of attending the new lawyer’s admission ceremony at the Supreme Court. In preparation of the event I reviewed the Oath of Admission to the Bar and the Lawyer’s and Paraprofessionals Creed of Professionalism, both of which are found in Ariz.R.S.Ct. 41. In the oath we took when we first became lawyers, we affirmed that we would treat others with respect and that we would diligently adhere to the Creed of Professionalism.
The Creed that we vowed to adhere to requires us at every step to treat not just the court, but opposing counsel and opposing parties, with civility and courtesy. And it explains exactly how you are supposed to do this.
You are required to be courteous and civil in oral and written communications. You are supposed to agree to reasonable requests for extensions and waiver of procedural formalities. You are supposed to work with opposing counsel when scheduling things like depositions and meetings. You are told that you are not supposed to quarrel over matters of form or style but instead should concentrate on the substance and content. You are required to work with opposing counsel, to try to resolve issues that you can by agreement, and to stipulate to facts where there is no genuine dispute. You also are told that you need to counsel your client so they know that this civility and courtesy is not weakness but is what is required of you.
No exceptions
When you read through these requirements, you will notice that there are no exceptions. It does not say you have to be courteous in all communication … unless you happen to be really upset about something. It does not say you only have to agree to reasonable requests … if opposing counsel did the same for you. No, your requirement to treat your client, your opposing party and the court with civility exists whether or not you feel you’ve received the same civility from them.
This is a hard rule to follow. I understand the desire—especially when you are upset because someone treated you poorly—to treat them the same way. However, this is not only bad practice, it also is against the oath you took.
It is always better to do the right thing, even if you feel like you are the only one doing it. Others will recognize your professionalism.
In practice, I will tell you that it is always better to do the right thing, even if you feel like you are the only one doing it. You want your reputation to be someone who is always fair and reasonable. I understand that is hard, especially when you receive a nasty email or you are not granted an extension. You may not realize it in the moment, but others do see you and will recognize your professionalism and respect you for it.
In this season of renewal, I encourage everyone to look back at the oath we took when we became lawyers and to review the Creed of Professionalism. Renew your vow to treat all others with respect and to act with civility in all matters.
