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Dec 01, 2023
Civility
Gathering the Honey Without Kicking Over the Beehive: Refining the Standard for Civility and Professionalism in the Legal Profession
Dec 01, 2023
By Robyn Christo
An old saying has been making the rounds in legal circles: to gather the honey, one must avoid upsetting the beehive. This bit of wisdom was front and center at the 2023 Bay Area MCLE Conference, where a panel tackled the topic of civility in today's legal practices.
When Technology Meets Tradition
The panel featured Judge Charles Adams of the Santa Clara County Superior Court, Marin's own Judge Roy Chernus (Ret.), and Alameda County Superior Court Judge Stewart Hing. They aptly reminded us about the beehive analogy and addressed a notable shift in lawyer dynamics inside and outside of the courtroom. Respect and collegiality, which once defined lawyer interactions, now face new pressures, particularly with the rise in virtual court proceedings and electronic communications.
Technology has been a double-edged sword. It's instrumental but also cranking up the pressure on lawyers to respond instantly, which is breeding stress and short fuses. The discussion turned to the impact of this pressure on maintaining civility, underscoring the necessity of a level-headed approach to advocacy.
Setting the Scene for Professionalism
Judge Adams drew parallels between lawyers and counselors, stressing the importance of establishing clear boundaries to prevent disruptions. The panelists agreed that managing client expectations is essential for sustaining a professional and courteous environment.
The panel also spotlighted the influence of media portrayals, which often exaggerate the aggressive nature of lawyers, warping client expectations. Judge Adams highlighted the need for honesty with clients about the merits of civility and professionalism over aggression.
Gleaning Wisdom from Classics and the Courtroom
Judge Chernus suggested that lawyers look to literary icons like Atticus Finch and Fred Gailey as models of maintaining integrity and civility, even in the heat of battle. These characters demonstrate that strong advocacy doesn't necessitate a loss of decorum.
Sharing tales from their own experiences, the judges discussed the strategies they employ to mitigate tensions in the courtroom, reinforcing the judiciary's commitment to a respectful legal process, even under the most challenging circumstances.
The Role of Documentation
The panelists unanimously emphasized the critical role of diligent record-keeping in legal practice. Good documentation is not just protective armor against professional misconduct but can also serve as a deterrent or a means of recourse when necessary.
Mentorship for the Next Generation
A standout point from the panel discussion was the vital role mentorship plays in fostering professionalism among new lawyers. The judges advocated for proactive engagement in legal communities, such as bar associations, to help guide and shape future practitioners.
Conclusion: Embracing Civility's Core Values
The honey and beehive metaphor transcends its origins, capturing the spirit of the legal profession: achieving success through perseverance and respect rather than antagonism and disorder. The civility panel at the MCLE Conference underscored the importance of rediscovering and embracing these core values.
In a legal landscape constantly evolving with technological advances, it is crucial to adhere to the principles of civility. By emulating the poise of both our fictional and real-life role models, we can navigate the challenges without causing a stir, securing the sweet results that come with professional civility. Remember, it's often said—and not without good reason—that a dose of honey attracts more goodwill than a splash of vinegar.
Robyn Christo specializes in trust, probate, and fiduciary litigation as well as elder-related litigation and contested conservatorship matters. Robyn also has experience handling real-estate and business disputes including partition actions that often arise in the context of estate litigation. Robyn started her legal career in 2009 with an Am Law 100 firm in San Francisco, California, where she handled a broad range of litigation and transactional matters involving intellectual property rights, labor and employment, construction projects, real estate, and land use. In 2012, Robyn joined Gaw Van Male, LLP in Napa, California, a law firm well-known for its handling of complex estate planning and administration issues, where she began developing her estate litigation expertise. During law school, Robyn worked at the United States District Court for the Northern District of California, where she served as a judicial extern for the Honorable Vaughn R. Walker (Ret.). Robyn is a member of the Litigation Committee of the Trusts and Estates Section of the California Lawyers Association (formerly a section of the State Bar of California). She has also appeared eight times on both the Northern California Super Lawyers Rising Stars list and the list of Top Women Attorneys in Northern California. Robyn graduated from the University of California, Berkeley, School of Law in 2008. She completed her undergraduate education at Sonoma State University and then worked as a special events coordinator and wine educator before attending law school. Robyn was born in San Francisco and raised in Marin County, where she currently resides with her husband and their three children.
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