February 22, 2013 - Oregon State Bar

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Lawyers Behaving Badly Get A Dressing Down From Civility Cops - WS... http://online.wsj.com/article/SB10001424127887323539804578263733... 3 of 4 1/29/2013 12:44 PM civil, but rudeness isn't tracked or punished as much as more concrete trespasses, such as filching clients' money. But a number of attorneys and judges say courtly conduct has collapsed over the years, particularly in the more fractious realms of the profession, like divorce proceedings. Some blame email, and the decline of face-to-face interactions among lawyers in big cities, where sparring attorneys rarely encounter foes at their kids' weekend soccer game. "You don't do this to people you know," said San Francisco lawyer William B. Smith, also a co-chairman of the trial lawyers' civility committee. "Now it's people sitting behind computers doing nasty things to each other." Mr. Casselman began collecting examples of bad behavior a few years ago. He enlisted prominent judges and lawyers for a civility video, and, with Mr. Smith, persuaded the trial lawyers group to develop an entire program on the topic. Thus far the amiability advocates have made presentations at dozens of law firms, bar groups and law schools. Now they are pushing legal educators to make civility a regular part of the curriculum. Some lawyers say nastiness and aggression results in smaller settlements or can even lose a case, hitting lawyers where it hurts—their wallets. RICHARD SULLIVAN "I tell all the lawyers in my firm, you're not a fighter, you're a lover," said Stephen Susman, a founding partner at litigation boutique Susman Godfrey LLP, which has a tradition of inviting opposing counsel to its holiday party. "You will get more results with sugar than with vinegar." Still, the bad behavior rolls on. Last year Meyer Ziman, an Arizona personal-injury lawyer, was suspended from practice for 12 months after he "repeatedly and intentionally committed offensive conduct," in violation of the state's oath of admission to the bar. In one instance, during phone calls while trying to obtain a client's medical records, Mr. Ziman allegedly showered a hospital employee with expletives, then told another who asked him to watch his mouth, "you are nothing but a slut that works for a copy service." Mr. Ziman said during disciplinary proceedings that he had used the term "slug," an explanation that Arizona's attorney discipline panel found "implausible" according to its report on the case. Mr. Ziman, wrote Presiding Disciplinary Judge William J. O'Neil, "brandishes his opinion as a battering ram, intentionally offending people…While in his private life he may be as rude, offensive and demeaning as he chooses, in his professional life he may not hide behind his First Amendment right [in order] to ignore his sworn responsibilities." Mr. Ziman doesn't feel his conduct warranted a suspension, said his lawyer, Joseph Collins, who said he personally doubts civility codes will do much to burnish lawyers' reputations. "I think the end goal," Mr. Collins said, "is not going to be achieved by pursuing attorneys who use
Lawyers Behaving Badly Get A Dressing Down From Civility Cops - WS... http://online.wsj.com/article/SB10001424127887323539804578263733... 4 of 4 1/29/2013 12:44 PM offensive language." Write to Jennifer Smith at jennifer.smith@wsj.com A version of this article appeared January 28, 2013, on page A1 in the U.S. edition of The Wall Street Journal, with the headline: Lawyers Behaving Badly Get a Dressing Down From Civility Cops. Copyright 2012 Dow Jones & Company, Inc. All Rights Reserved This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com
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Oregon State Bar Meeting of the Boa
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7. Other Action Items A. Revision o
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OREGON STATE BAR Board of Governors
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PROPOSED OREGON RPCS 7.1 THROUGH 7.
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legal circumstances requires that a
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Exhibit A Current Oregon Rules of P
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February 22, 2013 - Oregon State Bar

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