Name: The Power of Professionalism: Cultivating Civility in Legal Practice
Uploaded: 2024-07-30T10:00:00-07:00
Description: Civility and Professionalism are hallmarks of the legal profession. This seminar will discuss civility throughout the ages of the legal profession, current initiatives, and ways in which you can stay civil in your practice. This seminar will go through real-life case scenarios and how our behavior can trigger professional discipline under the Rules of Professional Conduct.

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The Power of Professionalism: Cultivating Civility in Legal Practice

Civility and Professionalism are hallmarks of the legal profession. This seminar will discuss civility throughout the ages of the legal profession, current initiatives, and ways in which you can stay civil in your practice. This seminar will go through real-life case scenarios and how our behavior can trigger professional discipline under the Rules of Professional Conduct.

Topics covered include:

Civility Law Practice Legal Ethics Professional Development

Agenda:

Opening & Greeting
- A brief introduction of the speaker and an explanation of the definition of civility and professionalism
Attorney Professionalism Throughout the Ages
- Go through history and explain how civility has not always been a part of the legal profession
- Discuss different decades and eras on how civility was viewed
Model Rules of Professional Conduct on Civility
- Discussion of Model Rule 8.4(d)
- Discussion of Model Rule 8.4(g)
- Discussion of various other Model Rules to which attorneys may be disciplined for incivility, e.g., Rule 1.3 and Rule 1.4
Civility With Client Relationships and Communications
- Discussion of Rule 1.2 regarding taking direction from the client
- Discussion of finding a balance between doing what a client asks and doing what is professional if they conflict
- Tips on how to communicate effectively with difficult clients
Responding to Incivility and Best Practices
- Tips on dealing with uncivil opposing counsel and how to respond to uncivil judges
Examples
- Discussion of 5 to 6 case studies where attorneys have been disciplined for incivility
- Discussion on what each case study attorney should have done differently
Lessons to Take From Civility:
- Wrap-up material with how to conduct a civil practice
- Education and Training
- Questions

Duration of this webinar: 60 minutes

Originally broadcast: July 30, 2024 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction and Speaker Background

Cari Sheehan, a conflicts attorney, is introduced as the speaker, experienced in legal ethics and conflict resolution. Cari begins her presentation by discussing the significance of civility and professionalism in the legal field, stressing the need for respectful disagreements. She emphasizes that lawyers must maintain civility in interactions with clients, opposing counsel, judges, and colleagues to adhere to professional conduct rules.

05:13 Civility and Professionalism in Legal Practice

Cari discusses the importance of professional disagreement, highlighting the consequences of unprofessional behavior, including penalties and sanctions. She explains that lawyers are key to maintaining a civilized society and must adhere to standards of decency and honesty as outlined in the rules of professional conduct. Cari addresses misconceptions about civility among different generations of lawyers, urging self-responsibility and adherence to professionalism. She defines professionalism as the competence and skill required to act appropriately, emphasizing its application both in legal practice and personal life.

09:32 History and Evolution of Legal Ethics

Cari outlines the historical development of legal ethics, noting the emergence of professional conduct rules in the late 20th century. She explains that prior to the 1960s, ethical standards were inconsistent, and lawyers were not held to formal ethical standards. The evolution of legal ethics is traced back to ancient times, with significant developments occurring in Europe and Colonial America. The establishment of state bars and the Canons of Ethics in the early 1900s marked the beginning of formal ethical guidelines. The ABA's introduction of the Model Rules of Professional Conduct in 1983 provided a comprehensive framework for maintaining a civilized professional society.

14:01 Rules of Professional Conduct and Their Application

Cari discusses the application of the rules of professional conduct across various legal settings, emphasizing the importance of maintaining civility. She highlights the role of the character and fitness exam in assessing a lawyer's suitability for the profession. She explains Rule 8.3 as a self-regulation mechanism requiring lawyers to report unethical conduct by peers. Cari stresses the significance of the oath of attorneys, which includes pledges of fairness, integrity, and civility. She illustrates the consequences of unprofessional behavior, including disbarment and disciplinary actions, even for conduct outside of legal practice.

28:57 Challenges and Strategies for Maintaining Civility

Cari discusses the impact of incivility on professional conduct, highlighting Rule 8.4(g) and its focus on preventing harassment and discrimination. She emphasizes the importance of maintaining civility in client relations, referencing Rules 1.2, 1.3, and 1.4. Cari outlines best practices for communication, including prompt responses and tailored interactions based on client sophistication. She shares personal experiences with difficult clients, illustrating the need for professionalism and civility in challenging situations.

50:08 Case Studies of Unprofessional Conduct

Cari outlines real-world examples of attorneys violating civility and professionalism rules and the resulting disciplinary action. She advises documenting unprofessional conduct for potential disciplinary action and emphasizes the importance of leading by example.

59:46 Promoting Civility and Professionalism

Cari suggests law firms promote civility through policies, training, and leading by example. The role of civility in client relationships is discussed, emphasizing its effect on trust and satisfaction. She offers practical tips for maintaining civility, such as taking time to breathe and having compassion for others.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Cari Sheehan Assistant General Counsel
Taft Stettinius & Hollister LLP

Cari serves as the firm’s Assistant General Counsel of Taft Stettinius & Hollister LLP. In this role, she advises firm attorneys with respect to ethics compliance, risk prevention, and conflicts of interest. In addition, she assists in the review and negotiation of outside counsel guidelines, conflict waivers and engagement letters, and other items with ethical implications. In addition, she assists in providing ethical training and education within the firm to its attorneys and staff. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Civility in the Legal Profession

Earn Credit Until: June 30, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: June 30, 2026

This presentation is approved for one hour of Civility in the Legal Profession CLE credit in California, and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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