Editor’s column
This month’s Joseph B. Campbell Inn of Court meeting featured a panel discussing civility.
This is a fitting topic for this group. After all, “It is said that much of the civility found in the practice of law … is due to The Inns of Court.”
At Inns of Court, attorneys from different firms, counties, specialties — and most relevant — sides of an argument, come together to share a meal, have a drink and talk as colleagues. They historically met in inns, which Campbell members are eager to do again. This month’s meeting was on Zoom.
The benefits of Inns of Court gatherings include recognizing opponents’ humanity. They foster education, respect, collegiality. All of which, of course, breeds civility.
Here are the highlights of the meeting:
“We all deal with uncivil and unprofessional lawyers,” said moderator Mike Schaefer, of Fullerton, Lemann, Schaefer & Dominick, LLP in San Bernardino, as preamble to the discussion, which he titled, “When incivility strikes: how to be civil when attorneys become uncivil.”
Panelist Bryan Reid, of Lewis Brisbois Bisgaard & Smith LLP in San Bernardino, chalked most uncivil behavior up to inexperience. He urged senior lawyers to mentor junior lawyers.
“Where I’ve seen incivility has usually been a result of not knowing better. Younger lawyers may feel they have to look tough, they have to act tough,” Reid said. “For the most part they’re lawyers who have a lot of room to grow, which for the most part they do.”
Bill Shapiro, of the Law Offices of William Shapiro in San Bernardino, said he doesn’t think it’s getting better, despite current programs.
“I think by and large the incivility is created because people forget the simple maxim: People like nice people. Lawyers like nice lawyers,” Shapiro said. “People get confused thinking civility equals weakness…. You don’t have to bark at someone. You don’t have to give ultimatums.”
Kristine Borgia, of the Law Office of Kristine Borgia in Riverside, said maybe communication technology is a factor in why things aren’t improving.
“Lately it’s difficult because you get this email from a new attorney or an attorney you haven’t worked with before, and you just don’t know how to read the tone,” Borgia said. She suggests giving people the benefit of the doubt and replying to an off-putting text or email: Am I interpreting this correctly? You’re coming across a little strong. “Or I’ll pick up the phone. Once you get it cleared up you can get down to work.”
Mike Scafiddi, of the Law Offices of Michael Scafiddi, Inc. in San Bernardino, says lawyers are simply going to be more effective lawyers if they are professional and they understand what they’re doing is about their clients. He said he will reach out to other attorneys to set the tone right from the beginning.
And these are what I think were the best comments of the night:
Shapiro: “In today’s world of bullies and lawyer bullies, I explain to (clients), I’m not going to be a bully and most importantly I’m not going to have you portrayed as being a bully.”
Reid: “Fight incivility with civility. Don’t let ‘em have the fight.”
Borgia: “It’s really easy for people to start interrupting and getting ugly on zoom depositions. That’s being recorded. The truth is going to come out about how hot-headed you can get.”
Scaffidi: “If someone is acting inappropriate, you can say, ‘We’re here to get this done. Just state your legal objection and let’s move on.’”
This year marks the 30th anniversary of the Campbell Inn of Court. Long live this and all of the American Inns of Court, where, according to the institution’s website, “the concepts of mentoring, learning and collegiality can be recognized and encouraged in our practice today.”
