Volume XV, Issue II
March/April 2001

CIVILITY: Does a Lawyer have to be a Bully?

by Thomas P. Quinlan

Civility, or more particularly the lack of civility, is becoming more and more a current topic of discussion. Whether it be in the Bar News, or amongst lawyers in the hallways of offices and courthouses, we are certain to continue hearing discussions of the importance of maintaining a professionalism, and the apparent erosion of civil conduct among officers of the court. There isn't a single attorney or jurist who would condone uncivil behavior, much less profess to being uncivil in their practice. Which leads to my question: "How does one identify uncivil behavior so that one can police himself or herself?" I would suggest that the chronic uncivil practitioner is like a bully.

Let me give you an example. The following are excerpts from a letter received of my business partner, the day I was drafting this column.

"I am shocked and amazed at your February 12, 2001 letter. While I do not mind you chirping about concerning a typo here and a missed signature line there, I do object to the re-writing of the deal to give your client more leverage in the future . . . The matter of fact tone of your letter is ridiculous. Do you really think I can be conned into donning the "emperor's new clothes" just because you use a fancy word like "requisite"? . . .Don't get me wrong, I still like you and all and think you are a nice person who is most definitely kind to animals and small children, but please quit trying to play me a fool; it hurts my feelings . . ."

Whether as direct as an insult or as subtle as a vicious word, lack of civility, like bullying, is a serious problem. Bullying can raise emotional and professional injuries, which is why I expect that we hear about the continuing exodus of attorneys from our profession.

As young or new lawyers, we should be aware of these facts about bullying:

Know how to identify a lawyer bully. This bullying is verbal, such as mocking, insults, or taking an assertive tone in telephone conversation or correspondence. Some professional bullying comes in the form of lack of following proper decorum, notice periods, or taking advantage while counsel has scheduling conflicts.

Lawyer Bullies enjoy bullying. Bullies enjoy the power of bullying, and making other people suffer. Far from regretting their acts, they often rationalize them by saying that their victim provoked them in some way.

Victims often keep mum. The new lawyer who is bullied usually suffers in silence because he or she feels that nothing can be done to help. Perhaps, the new lawyer becomes isolated and depressed, and begins to look at themselves introspectively as the cause of the bulling.

The courts and the bar association are aware of uncivil or bullying conduct and is looking for ways to reduce or eliminate it. To that end, I would suggest that the following measures be taken.

Be assertive. The new lawyer can be taught how to respond to malicious comments. Politely bring issues to the court's attention or ask others for suggestions in asserting yourself in an appropriate manner. Never respond in an uncivil tone or take an approach of tit-for-tat.

Be a friend in need. Stress to your co-workers and friends in our profession the importance of looking out for one another and supporting those who have been the victim of unprofessional conduct.

Ignore the lawyer bullies' provocations. Bullies thrive on the results that they get by hurting or intimidating others. Young lawyers should understand that they can deprive a bully's satisfaction by not openly reacting to their taunts, insults, or other unprofessional conduct.

Never be a lawyer bully. Make sure that you are not a bully. If you observe your co-workers or other attorneys acting in an uncivil manner, explain to him or her why their actions are wrong. Offer your assistance and guidance. Do not be afraid to act as a mentor.

By the way, my partner's response was:

"Let's not jeopardize the settlement our clients reached after five hours of mediation. Give me a call so that the differences in the documents can be discussed in person . . . "

Tom Quinlan is a shareholder of the Pierce County law firm of Miller & Dart, P.S., Inc. He is also a Judge Advocate in the United States Army Reserve.

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