Lawyers decry lack of civility

Inappropriate language and unfounded accusations are just some of the antics that have become part of a growing problem among some of Utah's attorneys, according to both judges and established attorneys.

Reflecting an aggressive drive to be "Rambo litigators," court officials say attorney behavior is at a point that it is souring both professional and personal relationships in the legal field.

Bottom line, according to one seasoned Utah attorney, is that some are becoming real jerks.

But there is debate as to how to solve this sinking civility.

In a report of the Utah Supreme Court's Advisory Committee on Professionalism in 2003, then Chief Supreme Court Justice Richard Howe asked for a survey of practicing lawyers to find if they felt there was a problem with professionalism in Utah. Nearly all attorneys surveyed came back saying they felt there was a "significant problem."

Supreme Court Justice Matthew Durrant, according to the report, noted that the state's high court also felt concern over "the erosion of civility and professionalism in the practice of law."

In response, the Utah Supreme Court in 2003 adopted 20 new rules that make up the Utah Standards of Professionalism and Civility.

One rule states, in part, that "Lawyers should avoid hostile, demeaning or humiliating words in written and oral communications with adversaries."

Another rule directs that "lawyers will advance the legitimate interests of their clients, without reflecting any ill-will that clients may have for their adversaries."

Over the past few decades, Utah's population of attorneys has grown, and while many of the older attorneys were taught by example of their peers and mentors, many of today's attorneys lack such guidance on how to behave, said Salt Lake attorney Randy Dryer, who has practiced law for almost 30 years and has been active in court issues.

"I think the problem with the lack of civility has been a growing problem over the last several years," Dryer said.

Back when he started practicing law, Dryer said older attorneys would provide an example for new attorneys. Now, more attorneys, new and older, are taking on a "more accusatory" tone. More recently, Dryer said he has noticed attorneys accusing their opponents of having bad motives, casting things as "good" and "evil" and even accusing other attorneys of being dishonest or misleading without any evidence of such.

The legal mudslinging has soured relationships among lawyers, leaving them personally offended. "It's not like you can stick it to somebody and say, 'I don't care, I won't see them again,' " Dryer said.

The danger in that, some attorneys say, is that come the next case, their clients might suffer from their residual animosity.