PURPOSE

To ensure a productive learning environment and prevent disruptions in the learning process for everyone, it is expected that every student will adhere to the PLSI’s Code of Professionalism and Civility.

Classroom discussions can sometimes elicit passionate advocacy, but every student should make sure that their comments support the discussion and enhance the learning objective, and not resort to personal attacks. The need to demonstrate civility extends beyond the classroom environment. In fact, civility is an integral part of being a lawyer. For instance, principals of civility are embedded in the American Bar Association’s (ABA) Model Rules of Professional Conduct (Model Rules).¹ Further, some state bars require their attorneys to take an oath of civility, and some will even enforce civility through sanctions.² Thus, PLSI’s Code of Professionalism and Civility is another method to prepare you for law school and beyond.

DEFINITION

“Civility” generally means treating others with courtesy, dignity, and respect.³

PLSI’S CODE OF PROFESSIONALISM AND CIVILITY

As a participant in the PLSI, I will adhere to the following principles:

1. I will treat the professors, teaching assistants, staff, guests, and other students with civility in all interactions, whether they be in person, electronic or handwritten.
2. I will strive to set a high standard of professional conduct for others to follow.
3. I will refrain from acting upon or manifesting racial, gender, or other bias or prejudice toward any participant in the program.
4. I will not reflect in my conduct, attitude, or demeanor ill feelings, if any, toward other participants in the program.
5. I will not engage in offensive conduct directed toward other participants in the program.
6. I will be punctual and prepared for all classes.
7. I will not encourage or knowingly authorize any person to engage in uncivil conduct toward other participants in the program.
8. I will demonstrate civility, professional integrity, personal dignity, respect, courtesy, and cooperation because they are essential to the fair administration of justice.

VIOLATIONS OF THIS CODE

1. Every PLSI student, professor, teaching assistant, and staff member shall report a violation of this code to the AILC Director.
2. The AILC Director shall investigate and determine if a violation occurred.
3. The AILC Director, in consultation with the PLSI Staff, shall determine the appropriate sanction for a violation of this code. Sanctions include:
   1. verbal reprimand,
   2. written reprimand,
   3. written reprimand with copy to the student’s file either temporarily or permanently,
   4. recommendation for grade change,
   5. suspension or expulsion from the program, or
   6. any combination thereof.

BAR PERSPECTIVES ON PROFESSIONALISM AND CIVILITY

Tribal Courts and Bar Associations.

• Some tribal courts, such as the Pueblo of Zuni’s Tribal Courts, require their attorneys to adhere to the ABA’s Code of Professional Responsibility,⁴ and many more have adopted the ABA’s model rules with variations.⁵
• “A spokesperson shall not engage in undignified or discourteous conduct which is degrading to the Court or any of the parties.”⁶

American Bar Association.

• The preamble of the Model Rules provides that a lawyer has an “obligation zealously to protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.”⁷
• The ethics rules (i.e., the rules of professional conduct) require honesty and a duty of candor to the court⁸ and fairness to opposing counsel.⁹

State and Local Bar Associations.

• “Twenty-one states, thus far, have added civility into their attorneys’ oaths. Those states include Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Hawaii, Louisiana, Michigan, Minnesota, Montana, Nevada, New Mexico, Ohio, Oregon, South Carolina, Texas, Utah, Virginia, and Washington.”¹⁰
• “A handful of jurisdictions, such as South Carolina and the Northern District of Texas, made civility mandatory for its attorneys. Each jurisdiction enforces civility through sanctions.”¹¹
• According to a study of over 140 civility codes from state and local bars, conducted by Professor Donald A. Campbell, the following common concepts of civility in the legal profession includes: (1) recognize the importance of keeping commitments and of seeking agreement and accommodation with regard to scheduling and extensions; (2) be respectful and act in a courteous, cordial, and civil manner; (3) be prompt, punctual, and prepared; (4) maintain honesty and personal integrity; (5) communicate with opposing counsel; (6) avoid actions taken merely to delay or harass; (7) ensure proper conduct before the court; (8) act with dignity and cooperation in pre-trial proceedings; (9) act as a role model to the client and public and as a mentor to young lawyers; and (10) utilize the court system in an efficient and fair manner.¹²
• “Civility in professional conduct is the responsibility of every lawyer. While lawyers have an obligation to represent clients zealously, we must also be mindful of our obligations to the administration of justice. Incivility to opposing counsel, adverse parties, judges, court personnel, and other participants in the legal process demeans the legal profession, undermines the administration of justice, and diminishes respect for both the legal process and the results of our system of justice.”¹³

CONSEQUENCES AND BENEFITS

Consequences of Incivility. Some of the consequences of incivility include the following:

1. Research shows that lawyers are more than twice as likely as the general population to suffer from mental illness and substance abuse. Uncivil behavior adds stress to an already high-stress profession.
2. Makes it more difficult to resolve client matters, even losing a client’s case.
3. Increases the cost to clients
4. Undermines public confidence in the justice system
5. Ostracism from the legal community
6. Perpetuates the public’s negative perceptions of lawyers

Benefits of Civility. Some of the benefits of practicing civility in the legal profession include the following:

1. Reputational gain
2. Career damage avoidance
3. Enjoying a long and satisfying legal career

Footnotes:
¹ See generally MODEL RULES OF PROF. CONDUCT pmbl. cmt. 9 (AM. BAR ASS’N 2021) [hereinafter MRPC], https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_table_of_contents/.
² David A. Grenardo, A Lesson in Civility, 32 Geo. J. Legal Ethics 135, 149-50 (2019) [hereinafter Grenardo, A Lesson in Civility], https://www.law.georgetown.edu/legal-ethics-journal/wp-content/uploads/sites/24/2019/08/GT-GJLE190012.pdf.
³ Id. at 138.
⁴ 1 Z.T.C. §1-5-5 (2022), https://www.ashiwi.org/Documents/ZuniTribalCodeRevised14SEP2022-FINAL.pdf.
⁵ See generally 5 P.O.L. §5-3-3 (2020), https://library.municode.com/nm/pueblo_of_laguna/codes/tribal_code?nodeId=TITVJU_CH3ADPRDIATAD_S5-3-1ADPR; 2 S.T.C.R. §3.022(e), https://www.ctsi.nsn.us/wp-content/uploads/2020/12/Tribal-Court-Rules-of-Procedure-04-17-2015.pdf. ⁶ RULES OF CONDUCT FOR SPOKESPERSON r. 3(c) (SILETZ TRIBAL CT.), https://www.ctsi.nsn.us/wp-content/uploads/2020/12/Code-of-Professional-Responsibility.pdf.
⁷ MRPC pmbl. cmt. 9.
⁸ Id. at r. 3.3.
⁹ Id. at r. 3.4.
¹⁰ Grenardo, supra note 2, at 149.
¹¹ Id. at 149-50.
¹² Donald E. Campbell, Raise Your Right Hand and Swear to Be Civil: Defining Civility as an Obligation of Professional Responsibility, 47 Gonz. L. Rev. 99, 141-42 (2011), https://deliverypdf.ssrn.com/delivery.php?ID=473081090103075067069009127015001091117005056063054005028093065064085104104112073122018063022011024019026117115029067079074115013040042001029105102108095102116076049082082085102019064099123092004004004091102000126068096094109084081093069024099086115&EXT=pdf&INDEX=TRUE.
¹³ VOLUNTARY STANDARDS OF CIVILITY IN PROF. CONDUCT pmbl. (D.C. BAR 1997), https://www.dcbar.org/for-lawyers/legal-ethics/d-c-bar-voluntary-standards-of-civility-in-profess.