Gathering the Honey Without Kicking Over the Beehive: Refining the Standard for Civility and Professionalism in the Legal Profession

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

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.

Setting the Scene for Professionalism

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 Role of Documentation

The panelists unanimously emphasized the critical role of diligent record-keeping in legal practice. Good documentation is not just protective armor against professional misconduct but can also serve as a deterrent or a means of recourse when necessary.

Mentorship for the Next Generation

A standout point from the panel discussion was the vital role mentorship plays in fostering professionalism among new lawyers. The judges advocated for proactive engagement in legal communities, such as bar associations, to help guide and shape future practitioners.

Conclusion: Embracing Civility's Core Values

The honey and beehive metaphor transcends its origins, capturing the spirit of the legal profession: achieving success through perseverance and respect rather than antagonism and disorder. The civility panel at the MCLE Conference underscored the importance of rediscovering and embracing these core values.

In a legal landscape constantly evolving with technological advances, it is crucial to adhere to the principles of civility. By emulating the poise of both our fictional and real-life role models, we can navigate the challenges without causing a stir, securing the sweet results that come with professional civility. Remember, it's often said and with good reason that a dose of honey attracts more goodwill than a splash of vinegar.