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DTCI: Take a moment to breathe before hitting 'send'

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dtci-thornburg-robertAt the time I am writing and submitting this column to the Indiana Lawyer, Indiana’s primary election is only days away. One can’t help but notice one political ad after another airing in ever-increasing frequency. Whether these advertisements are deemed “attack ads,” “issue spots” or “comparisons,” one thing is clear: the grainy black-and-white photographs and videos of the political opponent with the menacing voice-over intend to portray the opponent in an unflattering light. Indeed, some would claim in an inaccurate or misleading light. The heated and vitriolic rhetoric employed by politicians and commentators on the daily talk shows seems to be on the rise. Many believe that this ever-heated and impolite discourse has seeped out into the legal profession. Indeed, many in the legal community have begun to posit that incivility is on the rise, particularly in regard to email communication. I for one certainly hope not.

Webster’s New Universal Unabridged Dictionary, 2nd Edition, defines civility as “a polite act or utterance.” Merriam-Webster’s online dictionary defines it as “civilized conduct; especially: courtesy, politeness.” Shouldn’t civility in the legal profession, however, mean more than simply being courteous or polite?

I suspect most would agree that in our adversarial system, civility should be synonymous with professionalism. It must mean that in addition to being polite, courteous and respectful, we must not intentionally belittle, demean or unnecessarily attack our colleagues, adversaries, any party, witness, the judiciary or the judicial staff involved. We must strive to use appropriate language, volume and tone to advance our arguments and our clients’ positions and to disagree with our opponent or the court. Simply stated, treat everyone with consideration and respect, even during heated debates and contentious moments at deposition, hearing or trial.

Oft cited in defense of incivility is the duty to act with reasonable diligence and promptness. (See Indiana Professional Conduct Rule 1.3.) It is frequently said that an attorney has an obligation to zealously represent his clients. Reasonable diligence, promptness and zealous advocacy, however, do not and should not require one to be impolite or uncivil. In fact, the second sentence of the Preamble to Indiana’s Rules of Professional Conduct reads, “Whether or not engaging in the practice of law, lawyers should conduct themselves honorably.” And the Official Comment to Rule 1.3 explicitly provides, “The lawyer’s duty to act with reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process with courtesy and respect.” (Prof. Cond. R. 1.3, Comment [1].)

We live in an age where instantaneous communication is the norm. Time to reflect and respond after considered deliberation seems to be vanishing. It is increasingly expected that we respond immediately to every voicemail or email we receive. Indeed, even correspondence is increasingly being sent via facsimile or as an attachment to an email.

Most can recite examples of email being a large source of incivility in the practice. Email incivility can be avoided. Clicking the “send” button before allowing time for reflection can escalate a contentious situation. In fact, all can easily recall a situation where something became more contentious because of email. The next time – before hitting “send” – give yourself some space and time to deliberate and to let the emotion drain. Type the message, but let it sit. Return to the message later, reread it, and then hit “send” after some time for reflection and consideration. Even consider having a respected colleague read it to ensure that your tone is correct. Take a breath before hitting “send.” In this election year filled with negative ads, speeches and attacks, let us all strive to disagree when necessary, with respect and without being disagreeable.•

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Robert B. Thornburg is a member in the Indianapolis office of Frost Brown Todd and sits on the DTCI Board of Directors. The opinions expressed in this article are those of the author.
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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