I invite The Missouri Bar to consider and make suggestions to improve civility within the practice of law. At least 83 jurisdictions have adopted codes of civility. I ask the bar to consider the wisdom of adopting a permanent statement on civility among attorneys. Lawyers seeking to practice in the 7th Circuit sign a statement indicating that they will follow the civility code. Much of the literature on professionalism cites abusive discovery tactics.
Civil discovery is often a time of uncivil conduct.
As part of studying a code of civility, the bar should consider our current rules as well as new rules needed to encourage lawyer cooperation in resolving disputes over filings and discovery. Five of our 45 judicial circuits have local rules requiring parties to try to resolve discovery disputes before resorting to motions for sanctions. Some federal courts have experimented with local rules allowing parties a period of time after filing to withdraw pleadings and to cancel discovery requests before imposition of sanctions. I would appreciate the bars evaluation of such local rules. Those who supervise other attorneys should address, and not ignore, complaints about lawyer civility.