SBAND PRESIDENT
CIVILITY IS THE HALLMARK OF A PROFESSIONAL
HON . DOUG BAHR SBAND President
Thirty years ago this fall , I was admitted to practice law . I practiced as a civil litigator for 27 years prior to being appointed to the bench . I really enjoyed practicing law . That is partly due to the clients I represented and the people with whom I worked . However , it is also due to the members of the North Dakota Bar .
Years ago , I was representing a client in a civil action brought in another state . All clients but mine were represented by attorneys from the forum state . The nature of practice in that state became obvious very quickly . I was astonished and disappointed by the disrespect and incivility the attorneys showed towards each other . After two days of depositions , I told my wife that if North Dakota attorneys acted like that , I would immediately find another profession .
Fortunately , most North Dakota attorneys treat each other with respect and civility . That helps make the practice of law in North Dakota more rewarding and enjoyable . It also helps maintain public trust and respect for the North Dakota judicial system . Thank you for your professionalism and civility .
The first principle or tenet of most religions is that people should treat others as they would like to be treated . 1 Can that principle , often referred to as the Golden Rule , apply to the practice of law ? I believe it can . In fact , I believe it must if we want to maintain public trust and respect for the North Dakota judicial system .
I recognize and appreciate that we practice in an adversarial system , and we have a duty to zealously represent our clients . I think we can apply the Golden Rule while zealously representing our clients . In fact , part of the Golden Rule is representing our clients like we would want to be represented if we were the client . In my experience , following the Golden Rule , which includes showing civility and respect for opposing counsel , typically better serves our clients by reducing client costs , shortening the length of litigation , and increasing the possibility of a settlement , if desired , and a favorable outcome . 2
Applying the Golden Rule to our practice does not prevent us from zealously representing our clients ; rather , it guides our interactions with others while we zealously represent our clients . “ No matter how aggressive and zealous an attorney must be in properly representing his or her client , such representation can always be done with respect , civility , and cooperation .” 3
How would our communications with and representations of our clients change if we followed the Golden Rule ? How about our interactions with opposing counsel and judges ? Would we litigate our cases differently if we applied the Golden Rule in our practice ? Of course , the Golden Rule also applies to our interactions with partners , associates , and other coworkers . And it applies equally , if not more , to members of the judiciary . Justices , judges , magistrates , and referees should be models of civility in how they treat everyone that appears before them , no matter the person ’ s circumstance , behavior , or role in the judicial system .
It has been said “[ i ] ncivility is one of the greatest threats to our justice system .” 4 Incivility is often a product of the pressure , stress , and tension inherent in the adversary system . However , sometimes it is an intentional strategy or tactic . 5 Whether a lapse of judgment or intentional , “ incivility diminishes the practice of law and its reputation and , not surprisingly , erodes the public trust and respect for the justice system .” 6 Incivility is also a threat to our professional satisfaction and emotional and physical health . In my experience , when we strive to follow the Golden Rule , we better serve our clients , we build trust and respect for the judicial system , and we enhance our professional satisfaction .
According to Justice Anthony Kennedy , “[ c ] ivility is the mark of an accomplished and superb professional , but it is even more than this . It is an end in itself . Civility has deep roots in the idea of respect for the individual .” 7
My message is not intended as a criticism of North Dakota attorneys or judges . To the contrary , as a general rule , North Dakota attorneys and judges treat each other and those involved in the judicial process with courtesy and respect . My message is an invitation to consciously consider whether we individually and collectively can improve in living the Golden Rule in our practices and courts so we can guard against the incremental growth of incivility in North Dakota , root out any incivility that currently exists , and continue to be a model of civility and professionalism for other jurisdictions . As we do so , I am confident we will better serve our clients , build the public ’ s trust and respect for the judicial system , and make practicing law in North Dakota even more rewarding and enjoyable .
1 . See First Principles of Religion : Treat Others As You Would Like To Be Treated ( The Golden Rule ) – Islamic Networks Group ( ING ) ( https :// ing . org / first-principles-religion-the-golden-rule /); cumberlink . com / tncms / asset / editorial / 80ab94e0-ea64-58fd-9edf-1d218affca27 ; Golden Rule – Wikipedia ( https :// en . m . wikipedia . org / wiki / Golden _ Rule ). 2 . See Incivility by Lawyers Costs Clients Money , Time , and Results ( https :// racohenlawfirm . com / incivility-by-lawyers-costs-clients-money-time-and-results /). 3 . Id . 4 . A Good Lawyer & the Golden Rule ( https :// caba . ms / articles / features / good-lawyer-golden-rule ). 5 . “[ M ] any members of the legal profession still cling to the misguided notion that they need to leave behind such traits [ dignity , courtesy , and integrity ] in order to be a zealous and effective advocate for their clients . Nothing could be further from the truth .” Incivility by Lawyers Costs Clients Money , Time , and Results .
6 . A Good Lawyer & the Golden Rule ; see also Blessum v . Shelver , 1997 ND 152 , ¶ 32 , 567 N . W . 2d 844 ( explaining a lack of civility between counsel breeds public disrespect for the judicial process ).
7 . 1997 Speech , ABA Annual Meeting .
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