From the President's desk: The growing civility challenge in law

In a profession built on civility, Patricia Thom warns that courtesy and respect are under strain, from the pressures of constant digital connectivity to rising hostility in legal interactions.

This month I would like to focus on the importance of courtesy and respect in the legal profession. While both are important elements of a civilised society more generally, I would suggest they are structural pillars to the legal profession. That’s why it really matters in these times of uncertainty and change that concerns are being raised that these pillars are being eroded.

There are suggestions that in our modern, ultra-connected world that respect for the legal profession has diminished. Demands that we be available to respond to emails, WhatsApp and text messages at the drop of a hat are disheartening. Does society expect that kind of service from their medical professionals?

Courtesy and respect I would say consequently needs to be addressed in several contexts. In the first place, how do we elicit respect from our clients and the public at large? I would suggest a good starting point is by showing courtesy and respect for each other as colleagues.

How we treat each other reflects our professional ethics, a fact that was discussed during the IBA Annual Conference in Toronto last year in sessions focusing on ethics and civility in the profession. It was suggested that smartphones and social media are contributing to the deterioration of civility between lawyers and how that in turn can escalate hostility rather than providing a solution. In the past, when there was disagreement, I think it’s likely the time it took for a letter to be dictated and then typed gave you space to reflect on the response and its potential effect on the recipient.

Resolving legal conflict is ultimately confrontational, but there are ways to disagree with courtesy and respect. Aggression rarely persuades, whereas a well thought out and courteous response can. And while the client may momentarily enjoy their lawyer’s “Rottweiler” response, the fact that it achieves very little and has only cost more money will eventually become apparent. I would suggest all of this contributes to the deterioration of respect.

Another key context in which we should be demonstrating courtesy and respect is in the courtroom. All court users including solicitors are entitled to be treated with courtesy and respect from the bench, the court staff and each other. Disrespectful behaviour in court undermines the process and is completely unnecessary. This, you may recall, was the exact message shared so eloquently and dramatically by Judge Victoria Pratt, former Chief Judge of the Newark Municipal Court in New Jersey, at the Law Society’s Annual Conference last autumn.

I would like to think that if we as professionals start treating each other and everyone else with more courtesy and respect we in turn will benefit in the treatment we receive.

On another note, there’s been a welcome focus on women in law this month related to celebrations for International Women’s Day on Sunday, 8 March. A key theme this year was Give to Gain, as illustrated by the contributions to Legal Women UK by several women including myself. The Law Society ran an inspiring IWD event with our CEO Ben Kemp on Monday, 9 March and I was happy also to join a breakfast session at Addleshaw Goddard’s Edinburgh offices on 18 March. We’ve lots to be proud of but we’ve still got a way to go.

And finally, have you heard of the World Justice Project, which ranks different countries on their commitment to the rule of law? Scotland is ranked as part of the UK and apparently at present we are number 14. Let’s all do what we can to move up that table.