Professionalism: A Lawyer's Role as Attorney, Counselor, Leader and Citizen. Jayne Reardon Andrew J. Demetriou Lisa A. Genecov

Transcription

1 Professionalism: A Lawyer's Role as Attorney, Counselor, Leader and Citizen Jayne Reardon Andrew J. Demetriou Lisa A. Genecov

2 WHAT IS PROFESSIONALISM?

3 Lawyers Wear 3 Hats Preamble to the Rules of Professional Conduct Lawyers are required to be, simultaneously: Representative of the Client Officer of the Legal System Public Citizen with special responsibility for the Quality of Justice

4 Ethics vs. Professionalism Professionalism FLOOR Rules of Professional Conduct (Legal Ethics)

5 Influencing Civility 1996 Conference of Chief Justices State and County Bars in 45 states have adopted Professionalism or Civility Codes 15 States have Professionalism Commissions

6 Civility Codes Examples: A lawyer should act in a manner consistent with the fair, efficient and humane system of justice and treat all participants in the legal process in a civil, professional and courteous manner at all times. A lawyer should speak and write in a civil and respectful manner in all communications with the court and court personnel.

7 CIVILITY AS A CHALLENGE FOR PROFESSIONALISM

8 Survey of Illinois Lawyers % of all lawyers surveyed said the attorneys they engage with are civil/professional or very civil/professional. 85% experienced uncivil or unprofessional behavior in the last 6 months. Survey Of Illinois Lawyers 2014 Illinois Supreme Court Commission on Professionalism

9 How attorneys experience unprofessional behavior:

10 Percent experiencing unprofessional behaviors in various settings: Telephone conversations s, texts, written Settlements, closings, Trial, mediation, arbitration Depositions w/o videotape Among lawyers in a workplace Among lawyers on social media Videotaped depositions Survey Of Illinois Lawyers 2014 Illinois Supreme Court Commission on Professionalism Frequently Occasionally

11 Consequences of Incivility: Makes it more difficult to resolve a matter (94%) Leads to increased litigation costs (89%) Tends to prolong discovery/negotiations (88%) Harms public confidence in judicial system (91%) Discourages diversity in the profession (51%) Survey Of Illinois Lawyers 2014 Illinois Supreme Court Commission on Professionalism

12 Strategies to Improve Professionalism and Civility Impose/enforce court or judicial consequence Training/CLE on civility and professionalism Mandatory CLE on civility and professionalism Educate judges to better deal with incivility Increase law school professionalism training Create mechanism for reporting to ARDC or other tribunal Survey Of Illinois Lawyers 2014 Illinois Supreme Court Commission on Professionalism

13 TECHNOLOGY INFLUENCES ON PROFESSIONALISM

14 Technological Advances Since 1980 Word processing Vast information resources readily available Instant delivery Social Media Working anywhere

15 Technology Issues The rude, crude and inadvertent messages Technology as an avoidance mechanism The use and abuse of precedents Confidentiality and privilege

16 Approaches to Using Technology Understand how the technology works (Model Rule 1.1, comment 8) Deliberation in sending communications Consider social media posts Review precedents and information gained from the internet

17 EVOLUTION OF LAW PRACTICE AS A CHALLENGE TO PROFESSIONALISM

18 The Arms Race Rapid growth of law firms Law vs. Business Competition for talent Pressure for billable hours and greater revenues The AmLaw 50, 100, 200, etc. Chasing the booms Commoditization of work

19 Impacts on Professionalism Reduction in training and mentorship Pressure to make young lawyers financially productive Tension in partnerships Coarsening of relationships with clients Erosion of loyalty The Hot Potato Client Lawyer as a blunt instrument

20 What to Do? Make quality and service a priority Commit to mentorship and training Commit to the goals of professionalism, including leadership in communities and public service to advance justice

21 THE LAWYER AS CITIZEN: DUTIES TO SOCIETY

22 Challenges to Professionalism Finding the time Lack of mentorship We ll just send a check!

23 Principled Engagement Service requires actual time and talent devoted to the benefit of the legal system and meeting community needs The practice of law is a privilege afforded by society and the privilege carries responsibilities

24 Think like a lawyer.