© 2016 The Texas Lawbook.
By Wesley S. Alost of Jones Carr McGoldrick
(Aug. 19) – In this era of polarized political and social discourse, where intemperate words and acts have such profound effect, our justice system must continue to model effective conflict resolution. The deliberate practice of civility is one of the simplest, yet most effective, things we can do as professionals to fulfill that vital role in our community.
Day of Civility has gained unanimous support by every chief or administrative judge of Dallas’ federal and state courts, who recently signed a letter backing the effort.
Dallas attorneys are encouraged on Sept. 9 to reaffirm the Texas Lawyers’ Creed and rededicate themselves to the highest principles of civility in their practice, which include acting civil toward their adversaries, colleagues and judges overseeing their cases. In addition, the DBA, the Dallas Chapter of ABOTA, the local Inns of Court and State Bar of Texas Professionalism Committee will jointly sponsor a free, half-day seminar at the Belo Mansion, 2101 Ross Ave., from 12 p.m. to 4:30 pm.
The Day of Civility and Professionalism will bring an all-star cast of lecturers to the Belo Mansion. A panel of federal judges, moderated by Richard Pullman, will include Chief Judge Barbara M.G. Lynn and District Judge Jane Boyle of the Northern District of Texas, as well as former district judge and UNT Law Dean Royal Furgeson, Jr. A state judges’ panel will feature Justice Elizabeth Lang-Miers, Judge Jim Jordan, Judge Bonnie Goldstein, Judge Amber Givens-Davis and Judge King Fifer.
Presentations will also be made by Texas Supreme Court Justice Eva Guzman; DBA President Jerry Alexander; Lewis Sifford, former ABOTA national president and renowned lecturer on ethics; and former DBA Trial Lawyers of the Year Rod Phelan, Nina Cortell and Frank Branson.
A panel of distinguished media members, moderated by Justice Douglas Lang, will include Mark Curriden of The Texas Lawbook, Jason Trahan of WFAA Channel 8, CNN Correspondent Ed Lavandera and attorney Florentino Ramirez. Four hours of ethics credit are being sought.
Chief Justice Carolyn Wright of the Court of Appeals for the Fifth District of Texas in Dallas put it succinctly: “Civility is key to the public’s perception of the legal system and the effective administration of justice in our courts and legal profession.”
While “civility” is a term of art to judges, lawyers and law students, to our clients and the public it is nothing more than professional courtesy, respectful demeanor or simply good manners.
Civility in our profession faces many challenges: regionalization or nationalization of the practice of law, competition for legal business between and within law firms, a perceived lack of supervision and collaboration among lawyers with differing levels of experience and unreasonable client expectations, to name a few.
The Day of Civility and Professionalism is an opportunity for each of us to rededicate ourselves to the highest standards of civility and professionalism. As former U.S. Supreme Court Justice Sandra Day O’Connor observed, “More civility and greater professionalism can only enhance the pleasure lawyers find in practice, increase the effectiveness of our system of justice, and improve the public’s perception of lawyers.”
The Day of Civility and Professionalism continues a distinguished tradition of emphasis on professionalism and civility in the Dallas legal community. In 1987, the DBA’s board of directors adopted both a Lawyers’ Creed and Guidelines of Professional Courtesy, which memorialized principles of professional conduct “which we, our clients, and the public may rightfully expect.”
The following year, the U.S. District Court for the Northern District of Texas adopted standards of practice in civil actions based upon the DBA’s Lawyers’ Creed and Guidelines of Professional Courtesy in the landmark en banc opinion, Dondi Properties Corp. v. Commerce Sav. and Loan Ass’n., 121 F.R.D. 284 (N.D. Tex. 1988). In the 28 years since, these principles have been echoed by civility codes, such as ABOTA’s Code of Professionalism and Principles of Civility, Integrity, and Professionalism, along with numerous other courts and bar associations.
“As lawyers, we have chosen one of the most honorable, exciting and rewarding professions that have ever existed,” said Michael K. Hurst, the 2016 chair of the DBA’s Morris Harrell Professionalism Committee and a partner at Lynn Pinker Cox & Hurst. “The nobility of our job is not only in the battle for justice and for our clients’ causes, but in how we conduct ourselves in adversarial settings.
“By following the tenets of The Texas Lawyer’s Creed and Dondi, the practice of law is enjoyable and viewed by the public with the respect it commands,” he added. “The DBA Professionalism Committee is proud to implement the ‘Day of Civility’ initiative and expects it to be a rung on the ladder that leads to universal professionalism in the legal community.”
“The Dallas Chapter of the American Board of Trial Lawyers is extremely proud to be teaming with the Dallas Bar Association and the Inns of Court in sponsoring the inaugural Day of Civility,” added D. Patrick Long, current president of the Dallas Chapter of ABOTA and partner with Squire Patton Boggs. “The great presentations scheduled for the Day of Civility will illuminate the point that civility is the usual hallmark of the best and most successful lawyers. This is an event that every lawyer, young or old, should make an effort to attend.”
Justice Elizabeth A. Lang-Miers, current president of The William Mac Taylor American Inn of Court and a justice on the Court of Appeals for the Fifth District of Texas at Dallas, provided a judicial perspective: “The Mac Taylor Inn of Court enthusiastically supports the Day of Civility and Professionalism…. Civil and professional conduct is not only the right way for lawyers to conduct themselves, but is also the hallmark of a successful legal career.”
“Civility and professionalism are bedrock principles among lawyers, but incivility and unprofessionalism continue to be issues in the profession,” said Kim Askew, current president of The Patrick E. Higginbotham American Inn of Court and partner with K&L Gates. “The presentations being planned for the Day of Civility will provide an excellent forum for lawyers to be reminded of how civility and professionalism can be embraced so that they are the professional standard of every lawyer.
“Lawyers and judges who practice the highest standards of civility and professionalism will give guidance on how to maintain these principles in the tough and sometimes ethically challenging situations that we often face in the practice,” Askew added.
As U.S. Supreme Court Justice Anthony Kennedy said, “Civility is the mark of an accomplished and superb professional, but it is even more than this. It is an end in itself.”
In that spirit, the DBA, the Dallas Chapter of ABOTA, the local Inns of Court, the State Bar of Texas Professionalism Committee and the Dallas federal and state judges enthusiastically welcome your participation in the Day of Professionalism and Civility on Sept, 9, 2016.
Those planning to attend should RSVP to Alicia Hernandez, Director of DVAP & Community Services (ahernandez@dallasbar.org).
Wes Alost is a partner at Jones Carr McGoldrick L.L.P. in Dallas, where he specializes in the defense of toxic tort, premises liability and products liability claims before state and federal courts throughout the country. He can be reached at wes.alost@jcmfirm.com.
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