Practicing Civility: Balancing Zealous Advocacy and Professional Respect

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Ethics
- event Date
Tuesday, September 9, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
60 minutes
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This 60-minute webinar is eligible in most states for 1.0 CLE credits.
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An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.
This CLE webinar will explore the critical role of civility in restoring public trust in the rule of law and maintaining integrity in the legal profession. As growing polarization, mental health crises, and diminishing public perception threaten the profession, civility becomes more than outdated courtesy: civility remains essential to our profession's future.
Faculty

Judge Schmidt was appointed to the Minnesota Court of Appeals by Governor Walz in September 2023. Before he joined the court of appeals, his legal career included public service, private practice, clerking for two distinguished appellate jurists, and teaching appellate advocacy. As a Minnesota Court of Appeals Judge, he is committed to ensuring fairness and equal justice for all people.
Description
Going beyond politeness, civility underpins ethical lawyering and attorney well-being. The panel will distinguish civility from weakness, passive lawyering, and excessive deference and examine the roots of uncivil behavior in implicit bias, unmanaged trauma, and emotional reactivity. The webinar examines how to identify and confront incivility by balancing zealous advocacy with professional courtesy and personal integrity.
Listen as our expert panel discusses the meaning, challenges, and future of civility in law. The panel will offer actionable strategies, tools for improving communication and professionalism, and a framework for mentoring and modeling civility in the legal community.
Outline
I. Introduction: a call to civility
A. Why it matters: polarization, well-being
II. Defining what civility is and isn't
A. Civility vs. politeness and compliance
B. Relation to model rules
C. Uncivil conduct examples: Rambo lawyering," emotional triggers, reactive language
III. Civility: communication, conduct, and attitude
A. Written: legal writing, social media
B. Spoken: court, depositions, hearings
C. Behavior: demeanor, body language, interrupting, hostility, escalation
IV. Advocacy vs. aggression
A. Zealous representation, respectful restraint
B. Cousins: professionalism and civility
C. Civility's relationship to bias
V. Mental health, emotional triggers, and trauma
A. Civility's role in maintaining healthy practice
B. Behavioral techniques: mindfulness, breathing, pausing, reframing
VI. Renewed commitment and resources
A. Formal civility pledges: Illinois' 2Civility.org, California Rule of Court 9.7, Georgia's "A Lawyer's Creed," etc.
B. Resources
VII. Conclusion
Benefits
The panel will discuss these and other key issues:
- Civility as a foundational principle under the Model Rules and state MCLE ethics/professionalism guidelines
- Distinguishing zealous advocacy from incivility
- Improving emotional regulation in stressful interactions
- Communicating professionally in writing, in person, and online
- Connecting civility, trauma, and attorney well-being
- Personal commitments to promote civility in practice and mentoring
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