..... Bill Adams, Charles T. Hagan, Jr., Jack Kleemeier, and yes, my Dad, Walter Hannah.  Add to that clerking for Justice John Webb, and years of attending both the NCBA’s Annual Meeting and the ABA Annual Meeting, I find it impossible to list all the role models who epitomized the Atticus Finch style of civility and professionalism.  I, thankfully, could make a long, long list of lawyers still practicing today who learned from such mentors and strive to continue the traditions of a profession long governed by civility and honor.

What is “civility”?  As I began work on this column, my Washington and Lee University Alumni Magazine arrived with a full edition on the topic of civility.  In one article, Robert Grey, Past-President of the ABA, is quoted as saying, “Probably the most important aspect of civility is treating people with respect.”  W& L President Kenneth P. Ruscio, adds, “Civility and honor cannot be explained without reference to, first, being aware of the needs and interests of others; and, second, to shaping one’s actions, not out of a concern for the self but instead out of a concern for others.”¹

Recently, I read the book A Team of Rivals.  This book has been cited by many for its role in shaping the Obama campaign and philosophy.  I would recommend it to you for a different reason.  This book provides a fascinating view of the roots of our profession in this country.  There are numerous stories which can inform a young lawyer’s understanding of what civility is and how lawyers can interact at their best (and even at their worst).

In my current position, it has been brought to my attention that there are serious concerns about the level of civility (or lack thereof) seen in the courts in Wake County.  The concerns center not only on the interaction between counsel in the courtroom setting, but also those attorneys who abuse the rules and procedures to delay, delay, delay in hopes of eventually achieving a dismissal without any hearing on the merits, or those who practice wearing down an opponent by procedural maneuvering to force a favorable resolution based on the law of economics.

Though it was thankfully not a Wake County situation, the recent guilty pleas and sentencing of lawyers in Johnston County should be a wake up call to us all.  Judge Hight noted that he was mystified at what drove these attorneys to these actions.  The public, as evidenced by the Press, is equally puzzled.  News reports indicate that no money was exchanged, no one particularly profited, The News & Observer noted that the clients did not know that they had gotten special treatment. 

Could we draw the conclusion from the concerns expressed about the activities in the courts in Wake County, and by the actions of the attorneys in Johnston County, that the root of incivility or lost professionalism is a “win at all cost” mentality?  As lawyers, we are taught that our job is to zealously represent our clients.  In my education, both formal and through mentors, that axiom has always been tempered by the admonition that such zealous representation must occur within the confines of the Canons of Ethics and the Rules of Professionalism with the goal being to obtain justice.  More plainly stated in my Dad’s words, lawyers “need to be able to fight like cats and dogs in the courtroom, then go out for a drink afterwards” – and need to remember that “clients will come and go, but lawyers have to deal with each other for their entire careers.”

With that in mind, it is vital that we as lawyers remember that we are seeking justice and a “win” does not necessarily mean that someone walks free or that a financially disadvantaged opponent is worn down to the point where they cannot afford to continue involvement in an action.  Racing to the courthouse to obtain a default judgment before an Answer can be filed when you know there is an attorney on the other side may be procedurally permissible, but it is neither civil nor professional – and the next time you need a break from opposing counsel, you can bet counsel will think long and hard before granting mercy.

To inform our membership, the topics of civility and professionalism are always in the forefront of the activities of the WCBA.  Our Professionalism Committee has won national awards for its trendsetting programs for our membership.  At present, our Bench-Bar Committee and Professionalism Committee are grappling with the civility concerns.  The members of the Wake County Bar have always had a reputation for being positive role models of civility and professionalism for lawyers in other parts of the state.  This is a reputation which has been hard-won and well-deserved.  It is therefore incumbent upon the succeeding generations to protect and build upon this reputation.  A reputation is very difficult to rebuild if it is ever lost.

¹ ”Rooted in Respect: W&L and Civility” by Greg Esposito, The Washington and Lee University Alumni Magazine, Fall/Winter 2009, Vol. 84, Number 4, page 25.