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What We Could Be Now: Civility and Ethics 2025

Lawyers always have an obligation to be civil — to one another, to opponents, to judges and other tribunals. But it can be difficult to balance civility and zealous advocacy, and to navigate changing environments and expectations. In this presentation, we’ll examine the ethical rules and principles that guide lawyers in crafting their approaches to each other and to the public, and we’ll examine what can happen when lines are crossed. We’ll review recent studies, proposals, and rules that seek to analyze and affect lawyers’ behavior, and we’ll examine what the boundaries of the profession’s regulation of civility are — and what they should be.

Duration of this webinar: 60 minutes

Originally broadcast: May 27, 2025 9:00 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

James Doppke has a background in professional responsibility and legal ethics. James discusses the title of his presentation, explaining its musical inspiration and the importance of understanding communication and interpretation. He emphasizes the significance of civility and ethics in the legal profession, setting the stage for the webinar's focus.

05:07 Civility and Professional Conduct

James reflects on the aspirational nature of the presentation title, linking it to the profession's current state and potential. He explores the concept of civility in legal practice, focusing on communication, interpretation, and reaction. The discussion includes the role of professional conduct rules in restraining behavior and communication. James examines the idea of partnership and adversarial relationships in the legal profession. He references the ABA Model Rules, emphasizing lawyers' roles as public citizens seeking improvements in the legal system.

10:38 Zealous Advocacy and Civility Challenges

James delves into the concept of zealous advocacy, highlighting its application beyond courtroom settings. He discusses the balance between zeal and civility, noting the challenges of maintaining equanimity in advocacy. The evolution of communication technology is acknowledged as a factor influencing civility and advocacy. James reflects on the changes in legal practice since he was licensed, emphasizing the impact of rapid communication. He underscores the importance of balancing client demands with professional obligations, including cooperation with adversaries.

16:19 Disciplinary Cases and Civility

James shares experiences from his time as an ethics prosecutor, illustrating the impact of heightened emotions on civility. He recounts a disciplinary case involving uncivil communication, highlighting the consequences of crossing ethical lines. The case involved inappropriate language and threats, leading to a significant suspension for the lawyer involved. James discusses the balance between First Amendment rights and professional conduct, noting limitations on verbal abuse. He emphasizes the importance of maintaining civility in professional interactions, even under pressure.

31:00 Civility in Legal Practice

James discusses a California civility task force report, recommending additional civility training and rule changes. The report suggests annual affirmations of civility by lawyers, emphasizing dignity, courtesy, and integrity. James highlights a study on bullying in the legal profession, noting its disproportionate impact on marginalized groups. He introduces Illinois Rule 8.4 J, addressing harassment and discrimination in legal practice. The rule allows disciplinary action without prior findings by other agencies, marking a shift in enforcement.

47:00 Responding to Negative Reviews

James addresses the ethical considerations of responding to negative reviews, emphasizing confidentiality rules. He outlines options for handling negative reviews, including non-response and reputation management strategies. James advises caution in responding to reviews, highlighting the risks of revealing confidential information. He shares examples of disciplinary cases involving inappropriate responses to negative reviews. James encourages analytical approaches to negative feedback, promoting civility and professionalism.

01:04:24 Ethical Considerations and Emerging Issues

James discusses the confidentiality of lawsuit outcomes, advising client consent for public disclosure. He reflects on generational differences in civility, suggesting mentorship adaptations to bridge communication gaps. James considers the impact of emerging technologies, like AI, on ethical duties of competence and candor. He highlights the importance of careful use of AI to avoid ethical breaches and maintain civility.

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.

Speakers

Valerie Fontenot Partner
Frilot, LLC

Valerie Fontenot practices litigation of civil matters, particularly the trial and appeal of health care matters, including medical malpractice defense and regulatory and compliance. Valerie has significant experience in the litigation and appeal of general liability cases in an array of areas, including high value motor vehicle accidents. Valerie’s areas of experience have provided her numerous opportunities to interact with many expert fields including medical causation, vocational rehabilitation, life care planning, bio-mechanics and economics. Read More ›

Alanna Clair Partner
Dentons US LLP

Alanna Clair is a partner at Dentons US LLP in Washington, DC. She defends law firms and other professionals regarding alleged breaches of professional duties, bar grievances, partnership disputes, and other similar claims. She also advises insurers on bad faith claims and other large losses. She authors a regular article in American Lawyer Media publications on legal ethics and risk avoidance, and is the co-author of District of Columbia Legal Malpractice Law, Georgia Legal Malpractice Law, and The Lawyer’s Handbook. She is a graduate of Wellesley College and the University of Michigan Law School.

Joshua D. Waterston Senior Attorney
Wilftek LLC

Joshua D. Waterston practices technology, intellectual property, and business law at Wilftek LLC, with a focus on enabling business owners and entrepreneurs to prevent or resolve legal issues. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Format: On-Demand

Credits: 1.00 Civility in the Legal Profession

Earn Credit Until: June 30, 2028

New Jersey CLE

Status: Approved

Format: On-Demand

Credits: 1.20 Ethics/Professionalism

Earn Credit Until: September 16, 2026

This presentation is approved for one hour of Civility in the Legal Profession CLE credit in California. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 1.20 qualify as total hours of credit for Ethics/Professionalism.

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