United States District Judge Julian Abele Cook was a hero in our house when I was growing up. Judge Cook was a close friend of my parents’ and was someone I knew before I knew who he was, or how important he was, in legal circles. He was, in my experience, a kind, decent man who treated all people with respect inside and outside of his courtroom.
It was no surprise to learn later that Judge Cook was a pioneer in civility efforts. In 1996, as chief judge of the United States District Court for the Eastern District of Michigan, Judge Cook established the first Civility Committee as part of a plan to reduce expense and delay in civil cases. The plan called for the State Bar of Michigan and the Detroit chapter of the Federal Bar Association (FBA) to propose a civility plan for the court to consider adopting. What arose from that work are the Civility Principles of the Eastern District of Michigan.(1)
Nearly a decade later, Judge Bernard Friedman reinvigorated the effort. The new committee created by Judge Friedman concluded that the civility principles didn’t need updating — they just needed publicizing. Not enough lawyers were aware of them. This effort led to the eventual adoption of the Lawyer’s Commitment of Professional Civility, which summarized the civility principles.(2) It is worth a read. Judge Cook and Judge Friedman were later honored by the FBA for their efforts with the creation of the FBA’s Cook-Friedman Civility Award.
Although nearly 30 years have passed since the civility principles were initially adopted, there is a sense among some lawyers that civility is lessened of late. Perhaps there are still not enough lawyers aware of the need for civility or the benefits to be derived from practicing with civility. Whether this results from the explosion of the number of attorneys, email replacing phone calls, or larger societal trends, there is a perception that lawyers are less civil than they used to be. But not all lawyers.
I had the privilege a few years ago of nominating Michael Sullivan for the OCBA’s Professionalism Award. The purpose of the award is “to recognize a member of the Oakland County Bar Association who is a model of civility and respect in the legal profession.” I’ve known Mike for many years in many capacities. I’ve worked with him on bar activities. I’ve worked with, and opposite, him and his fine firm on cases over the years. Mike, in my opinion, models civility in all aspects of his professional life. He has an uncanny ability to be polite, professional, and personable all while being a staunch advocate and obtaining outstanding outcomes for his clients.
Because Mike is among the most civil lawyers I know, I thought I’d ask him for his insights on civility in the practice of law.
• Is civility good for your law practice?
Absolutely. I’ve always believed that, as a lawyer, you get better outcomes for your clients by treating people with respect. First, you’re going to avoid unnecessary fights. And most fights are unnecessary. I believe you can accomplish a lot more for your clients if you’re not always at war with the other side over procedural “stuff” that just doesn’t matter.
• Some clients, and some lawyers, equate being civil to the other side with being soft. Do you agree?
No. You can be civil and still be an outstanding advocate trying to win. You don’t have to be rude in order to win or achieve excellent outcomes for your clients.
I’ve been lucky in my practice that I tend to encounter many of the same lawyers on the other side over and over again. There is a mutual respect there and an understanding that neither side is looking to gain unfair advantage in every exchange. We understand that each side is going to have a very different view of the merits of the case, but we’re not in the business of making other lawyers’ lives, or their clients’ lives, miserable while we do that. We can be cooperative on procedural matters without sacrificing advocacy on the merits. Fighting on every issue is a hard way to go through your professional life. And in the end, very expensive for the clients.
• What is the best way to teach, or to learn, civility?
Watch and learn from good examples. I absorbed civility from the culture at our firm, Collins Einhorn Farrell PC. I was fortunate to have excellent role models. I learned from Brian Einhorn, Mort Collins, and Clay Farrell how to treat opposing counsel and their clients with respect. It was simply what was expected.
If you’re a newer attorney, find mentors in your firm or within the bar. If you get a chance to peel away from your desk, go watch a Wednesday morning motion call. Watch how the lawyers interact with each other and with the judge. If you hear about a trial going on with great lawyers trying a case, go watch if you can.
• Any other tips for newer attorneys?
Simple. The Golden Rule. Treat opposing counsel as you and your client would like to be treated.
If you develop a reputation as a lawyer who is civil, who is not going to play games on simple procedural matters, you’ll be less likely to have opposing counsel play those games with you and your clients, and your clients will be better off. Acrimony costs money. And it expends limited capital with the court.
Educate clients that civility is not weakness. Some clients need to hear that just because a lawyer represents the other side doesn’t mean the lawyer is a bad person. Or, just because you’re being polite with the other side, or cooperative, doesn’t mean you’re a pushover or that by doing so the client loses any ground in the case. Quite the opposite. Civility is much, much less expensive in the long run. And much more effective. The client will be better off at the end of the day with a lawyer who is civil and respectful.
————————
(1)“US District Court for the Eastern District of Michigan Adopts the ‘Lawyer’s Commitment of Professional Civility,’” Michigan Bar Journal, May 2009, Michael J. Riordan, p. 42.
(2)mied.uscourts.gov/PDFFIles/08-AO-009.pdf.
————————
Dean M. Googasian, of The Googasian Firm PC, is the 92nd president of the Oakland County Bar Association.
It was no surprise to learn later that Judge Cook was a pioneer in civility efforts. In 1996, as chief judge of the United States District Court for the Eastern District of Michigan, Judge Cook established the first Civility Committee as part of a plan to reduce expense and delay in civil cases. The plan called for the State Bar of Michigan and the Detroit chapter of the Federal Bar Association (FBA) to propose a civility plan for the court to consider adopting. What arose from that work are the Civility Principles of the Eastern District of Michigan.(1)
Nearly a decade later, Judge Bernard Friedman reinvigorated the effort. The new committee created by Judge Friedman concluded that the civility principles didn’t need updating — they just needed publicizing. Not enough lawyers were aware of them. This effort led to the eventual adoption of the Lawyer’s Commitment of Professional Civility, which summarized the civility principles.(2) It is worth a read. Judge Cook and Judge Friedman were later honored by the FBA for their efforts with the creation of the FBA’s Cook-Friedman Civility Award.
Although nearly 30 years have passed since the civility principles were initially adopted, there is a sense among some lawyers that civility is lessened of late. Perhaps there are still not enough lawyers aware of the need for civility or the benefits to be derived from practicing with civility. Whether this results from the explosion of the number of attorneys, email replacing phone calls, or larger societal trends, there is a perception that lawyers are less civil than they used to be. But not all lawyers.
I had the privilege a few years ago of nominating Michael Sullivan for the OCBA’s Professionalism Award. The purpose of the award is “to recognize a member of the Oakland County Bar Association who is a model of civility and respect in the legal profession.” I’ve known Mike for many years in many capacities. I’ve worked with him on bar activities. I’ve worked with, and opposite, him and his fine firm on cases over the years. Mike, in my opinion, models civility in all aspects of his professional life. He has an uncanny ability to be polite, professional, and personable all while being a staunch advocate and obtaining outstanding outcomes for his clients.
Because Mike is among the most civil lawyers I know, I thought I’d ask him for his insights on civility in the practice of law.
• Is civility good for your law practice?
Absolutely. I’ve always believed that, as a lawyer, you get better outcomes for your clients by treating people with respect. First, you’re going to avoid unnecessary fights. And most fights are unnecessary. I believe you can accomplish a lot more for your clients if you’re not always at war with the other side over procedural “stuff” that just doesn’t matter.
• Some clients, and some lawyers, equate being civil to the other side with being soft. Do you agree?
No. You can be civil and still be an outstanding advocate trying to win. You don’t have to be rude in order to win or achieve excellent outcomes for your clients.
I’ve been lucky in my practice that I tend to encounter many of the same lawyers on the other side over and over again. There is a mutual respect there and an understanding that neither side is looking to gain unfair advantage in every exchange. We understand that each side is going to have a very different view of the merits of the case, but we’re not in the business of making other lawyers’ lives, or their clients’ lives, miserable while we do that. We can be cooperative on procedural matters without sacrificing advocacy on the merits. Fighting on every issue is a hard way to go through your professional life. And in the end, very expensive for the clients.
• What is the best way to teach, or to learn, civility?
Watch and learn from good examples. I absorbed civility from the culture at our firm, Collins Einhorn Farrell PC. I was fortunate to have excellent role models. I learned from Brian Einhorn, Mort Collins, and Clay Farrell how to treat opposing counsel and their clients with respect. It was simply what was expected.
If you’re a newer attorney, find mentors in your firm or within the bar. If you get a chance to peel away from your desk, go watch a Wednesday morning motion call. Watch how the lawyers interact with each other and with the judge. If you hear about a trial going on with great lawyers trying a case, go watch if you can.
• Any other tips for newer attorneys?
Simple. The Golden Rule. Treat opposing counsel as you and your client would like to be treated.
If you develop a reputation as a lawyer who is civil, who is not going to play games on simple procedural matters, you’ll be less likely to have opposing counsel play those games with you and your clients, and your clients will be better off. Acrimony costs money. And it expends limited capital with the court.
Educate clients that civility is not weakness. Some clients need to hear that just because a lawyer represents the other side doesn’t mean the lawyer is a bad person. Or, just because you’re being polite with the other side, or cooperative, doesn’t mean you’re a pushover or that by doing so the client loses any ground in the case. Quite the opposite. Civility is much, much less expensive in the long run. And much more effective. The client will be better off at the end of the day with a lawyer who is civil and respectful.
————————
(1)“US District Court for the Eastern District of Michigan Adopts the ‘Lawyer’s Commitment of Professional Civility,’” Michigan Bar Journal, May 2009, Michael J. Riordan, p. 42.
(2)mied.uscourts.gov/PDFFIles/08-AO-009.pdf.
————————
Dean M. Googasian, of The Googasian Firm PC, is the 92nd president of the Oakland County Bar Association.
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