Gathering the Honey Without Kicking Over the Beehive: Refining the Standard for Civility and Professionalism in the Legal Profession Robyn Christo An old saying has been making the rounds in legal circles: to gather the honey, one must avoid upsetting the beehive. This bit of wisdom was front and center at the 2023 Bay Area MCLE Conference, where a panel tackled the topic of civility in today's legal practices. When Technology Meets Tradition
Setting the Scene for Professionalism
The panel featured Judge Charles Adams of the Santa Clara County Superior Court, Marin's own Judge Roy Chernus (Ret.), and Alameda County Superior Court Judge Stewart Hing. They aptly reminded us about the beehive analogy and addressed a notable shift in lawyer dynamics inside and outside of the courtroom. Respect and collegiality, which once defined lawyer interactions, now face new pressures, particularly with the rise in virtual court proceedings and electronic communications.
Judge Adams drew parallels between lawyers and counselors, stressing the importance of establishing clear boundaries to prevent disruptions. The panelists agreed that managing client expectations is essential for sustaining a professional and courteous environment. The panel also spotlighted the influence of media portrayals, which often exaggerate the aggressive nature of lawyers, warping client expectations. Judge Adams highlighted the need for honesty with clients about the merits of civility and professionalism over aggression. Gleaning Wisdom from the Classics and the Courtroom Judge Chernus suggested that lawyers look to literary icons like Atticus Finch and Fred Gailey as models of maintaining integrity and civility, even in the heat of battle. These characters demonstrate that strong advocacy doesn't necessitate a loss of decorum.
Technology has been a double-edged sword. It's instrumental but also cranking up the pressure on lawyers to respond instantly, which is breeding stress and short fuses. The discussion turned to the impact of this pressure on maintaining civility, underscoring the necessity of a levelheaded approach to advocacy.
Sharing tales from their own experiences, the judges discussed the strategies they employ to mitigate tensions in the courtroom, reinforcing the judiciary's commitment to a respectful legal process, even under the most challenging circumstances.
THE MARIN LAWYER An Official Publication of the Marin County Bar Association
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