Can we stop pretending that Civility Codes in litigation are working? The local bar association loves to hand out brochures about professional courtesy, but the realityis still aggression, personal insults, and bad-faith scheduling. The system actively rewards lawyers who act like bullies. Until judges start throwing real financial sanctions at attorneys who act like children, nothing will change.

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For me, this is the most difficult part of litigation and the thing that is pushing me out of it. I realize this is a high-stress job, but that’s not an excuse to not address other lawyers like human beings. I can understand clients getting angry and emotional because it’s their life; there’s no excuse for acting that way towards opposing counsel.

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