VoirDire_Spring 2016 (002)

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The Importance of Civility in the Legal Profession By Chief Justice Lorie Skjerven Gildea, Minnesota Supreme Court Editor’s Note: The following speech was presented at the National Board Meeting of the American Board of Trial Advocates in Minneapolis on May 14, 2016. Good morning. Thank you so much for having me today. I am here this morning to express my gratitude. I want to first thank all of you for coming to Minnesota for your meeting today. I also want to congratulate our Minnesota members for being selected ABOTA’s Chapter of the Year. I have a tremendous amount of respect for the work of your organization, especially your focus on professionalism, ethics and civility in the legal profession. I’ve seen the power of civility from both in front of and on the bench. And I firmly believe that civility and professional ethics are the core of a fair and impartial judicial system. As Chief Justice Warren Burger once stated, ”Lawyers who know how to think, but [who] have not learned how to behave are a menace and a liability — not an asset — to the administration of justice.” The Chief continued by suggesting that “the necessity for civility is relevant to lawyers because they are living examples — and thus teachers — every day in every case and in every court. And their worst conduct will be emulated…more readily than their best.” I agree with the Chief. I fear the irreparable harm that can be done to the public’s trust and confidence in the court when attorneys — and judges — fail to hold themselves to the highest professional standards. Our State Supreme Court is responsible for judicial and lawyer discipline in Minnesota. We see the devastating impact these breaches have on the lawyers involved, their clients, and on our system as whole. Each time we issue an opinion in a discipline matter, we shine a light on behavior that can erode respect for the judiciary. And further jeopardize the reputation of our legal profession. But we must do this work. We must police ourselves. The people who enter our courtrooms are often facing some of the most difficult or challenging moments in their lives. They deserve to see judges and attorneys acting in a way that reflects what is best about our nation’s justice system, and be able to take comfort that no matter the outcome, their particular case will be heard in a fair, impartial 28 Spring 2016 • Voir Dire
and respectful manner. I don’t think any judge or attorney would disagree with those aspirational goals for our profession. And yet, on occasion, we are reminded of how far we have to go to reach those goals. I see it when I am called upon to decide on discipline for attorneys or judges. The public sees it when the media reports stories of boorish or unethical behavior in the courtroom. You see it in your own practice — whether it be another attorney cutting corners, playing fast and loose with the rules. Or creating a hostile work environment in the courtroom or in your offices. If we are to combat incivility and unethical behavior in our profession, we need to first understand its origins. When I look at this issue, I tend to see incivility falling into two broad categories: The first is when a judge or attorney loses sight of the gravity of court proceeding. Or fails to recognize the inherent power of the courtroom on the lives of those who enter it. When an attorney or judge starts to view the courtroom as just another place of business, it can lead to behavior that does not befit the dignity of our judicial system. Similarly, an attorney or judge can quite easily fall into routines — and act in ways that appear too casual or informal for a court of law. The result of this behavior is that the people who enter our courtrooms lose faith that the people trying and hearing their case are not taking the matter as seriously as they should. One of the most important lessons I have learned from serving on the bench is that people who come to court generally are willing to accept a court’s decision — even if it is an unfavorable one to them — as long as they believe they were given a fair and thorough hearing. It is when people believe that the court system treated their case flippantly or dismissively that they lose faith in our ability to resolve their issues and mediate their disputes. In the Minnesota Supreme Court courtroom located in our State Capitol, we have an inscription chiseled above the main public Ultimately, teaching the value of civility is about helping attorneys understand that they can be zealous advocates, while remaining valued colleagues, trusted peers and respected courtroom opponents. entrance that faces the bench. The inscription is a quotation from John Locke: “Wherever law ends, tyranny begins.” I find that inscription so valuable. It serves as a reminder of the important responsibility that comes with being in that courtroom. I think all attorneys can benefit from taking time occasionally to remind themselves of their important role in our justice system — and how the arguments and decisions we make so deeply impact the lives, rights and freedoms of others. What one of us does is a reflection on all of us. The second way that we see incivility creep into our work is when a legal professional begins to treat the law as just another contest — a competition to see which side comes out on top and which side is the loser. When attorneys focus their practice of law in this way, they often begin to see civility as a sign of weakness. Taken to the extreme, they may begin to see our rules of conduct and procedure as a roadblock to their personal success. As experienced trial attorneys, the people in this room can have a profound impact in helping combat this type of thinking in our profession. Most importantly, we can hold ourselves to the highest professional standards and exemplify to others the power of civility. But we can also take a more active role. There is such a great need in our profession for experienced attorneys to support and mentor young attorneys. Part of that mentoring needs to be teaching others that civility in the law is not a sign of weakness. Nor does it mean that we can’t argue, disagree or levy justifiable criticism. In fact, civility at its core stems from the assumption that people will disagree. Civility provides us with a path to do so in a way that is both fair and respectful. I know that all of you understand this. We are grateful for the tremendous contributions of ABOTA’s Civility Matters ® program. And all of you here today who have helped promote the importance and value of civility to others in our profession. This impressive, nationwide effort has helped reshape the conversation over professional ethics among attorneys across the country. It has helped reinforce that civility is not only an important responsibility we all share, but a key element of providing effective counsel to clients. Ultimately, teaching the value of civility is about helping attorneys understand that they can be zealous advocates, while remaining valued colleagues, trusted peers and respected courtroom opponents. It’s about reminding attorneys of the crucial role they play in the justice system. And the incredible responsibility they are entrusted with in being members of our legal profession. It’s about showing attorneys that civility is a tool to preserve the fair and impartial administration of justice. And that professional ethics help provide a level playing field for everyone who enters our courtrooms. Thank you, again, for your invaluable efforts to promote civility in the legal profession. Thank you for all you have done — and all that I know you will do for the cause of justice in our great nation. Voir Dire • Spring 2016 29
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Page 10 and 11: The American Jury By Dicky Grigg, G
Page 12 and 13: Magna Carta So where do we start? T
Page 14 and 15: 1,000. So, as the population has go
Page 18 and 19: In the Interest of Full Disclosure:
Page 20 and 21: apologize, noting that “I was unc
Page 22 and 23: Four Men. All Different. All Alike.
Page 24 and 25: today’s formalized mediation sess
Page 26: “thereafters” never had a chanc
Page 29: none. We are now seeing defense and
Page 33 and 34: You are invited to write an article
Page 35 and 36: Save Our Juries is dedicated to edu

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