Civility in Legal Practice: Communications, Discovery, Depositions, and Courtroom Conduct

This CLE webinar will explore how to maintain civility during those times in legal practice when the requirements of representation may become more contentious. The panel will discuss how to advocate civilly and effectively for clients during discovery, depositions, negotiations, court interactions, and communications with opposing counsel.

Lawyers practice in settings where tension runs high, and parties' interests are most often directly opposed. Modern communication methods make it tempting and easy to respond quickly to a perceived slight or an unreasonable position. Incivility may develop quickly, particularly where counsel or the client believes that aggressive conduct provides an advantage.

Counsel must differentiate forceful advocacy from tactics that improperly embarrass, burden, delay, intimidate, or disrupt. Ethical and procedural rules limit an attorney's practices, conduct, and statements during discovery, communication, and representation before a tribunal. Uncivil conduct may expose counsel or the client to sanctions and/or other repercussions by the court. How should counsel respond when the opposition presents the problem?  

Lawyers must internalize best practices for managing communications, creating an appropriate record, establishing contact boundaries, and determining when judicial intervention becomes appropriate. Counsel must also address their own clients when they expect aggressive or forceful tactics that become improper or counterproductive.

Listen as our panel discusses civility in legal practice, the line between vigorous advocacy and improper conduct, and practical approaches for handling difficult counsel, clients, witnesses, and courtroom situations.