Promoting the Standards of Professionalism and Civility
by Chief Justice Christine M. Durham
On October 1, 2001, the Utah Supreme Court voted to create an advisory committee on professionalism in the practice of law and appointed Justice Matthew Durrant to chair the committee. The committee held its first meeting on January 15, 2002. At that meeting, Justice Durrant spoke of the Court's increasing concern about the erosion of civility and professionalism in the practice of law, and that it wanted the committee to examine the nature and extent of the problems with civility and professionalism in Utah and to make recommendations as to how problems might be addressed.
The major task undertaken by the Professionalism Committee during its first year was the creation of a set of Standards of Professionalism and Civility. By order dated October 16, 2003, the Court approved the twenty Standards recommended by the committee. The Court and the committee hope that members of the bar have become familiar with the Standards through the committee's education efforts, including publication of the Standards in each issue of the Bar Journal along with an accompanying article, written by a committee member, highlighting a specific standard. While neither the Court nor the committee believes adoption of the Standards will, standing alone, increase civility in the practice, we do believe they can provide guidance to new lawyers and a reminder for experienced ones of the high standards of behavior expected of all lawyers.
The Court strongly believes that judicial support and involvement are critical to the success of the professionalism initiatives being pursued by the committee. Therefore, the Court has repeatedly requested that judicial education programs focus on how Utah's judges can promote professionalism and civility from the bench, including of course their own. At the recent Annual Judicial Conference, a two hour plenary session was devoted to providing judges with practical suggestions for implementing the Standards of Professionalism and Civility in their courtrooms. More than ten attorneys and judges participated in the presentation, which included a panel discussion and role playing of scenarios involving unprofessional behavior. The presentation was well-received.
Some Utah lawyers undoubtedly feel that the Court has directed too much attention to professionalism in the past five years, and that the topic is "worn out." But the feedback the Court regularly receives from the legal community is that there is an ongoing problem with professionalism in the practice. The consequences of incivility are grave - it increases litigation costs, fails to promote clients' legitimate interests, and diminishes the public's respect for the legal profession and its ability to benefit society. Our profession has by tradition been a learned and respected one, but respect must be constantly earned and deserved. Public trust and confidence in the American system of justice depend in significant part on the integrity and high standards of professional behavior to which every lawyer (and judge) should aspire.