Civility has not been decreasing; it’s increasing

I agree totally with Dan Jacobson that civility is both essential and consistent with zealous representation. ("The rise of incivility in the legal profession," Jan. 22). But I (my legal odometer just turned 40) have noticed the opposite of his conclusion -- civility has been increasing, not decreasing, in recent decades.

I think this is because in the 80s, the profession, including the courts, took a hard look at the free-for-all attitudes that seemed to be increasing and did something about it. Realizing that tired lips (a great line) wouldn't solve the problem, the requirement of civility started making its way into court rules and professional standards.

In a broader sense, perhaps because the ease of email has replaced the stilted letter-only discourse of the past, inter-counsel discussion seems a lot calmer than it used to be. I have noticed that depositions are, too -- maybe because litigants know the courts won't shrug off reprehensible behavior.

So I think the profession can congratulate itself on holding the line or even improving at a time when social discourse generally has been spirally downward, in the last few years catalyzed by a federal administration that seemed never to say anything nice about anyone or anything with whom it remotely disagreed. Hopefully we are in a new day. Onward and upwards.

-- Ben Ballard

Ballard Law Office