Instead of a noble and learned profession imbued with the spirit that produced Jefferson, Madison and Lincoln, there is an increased tendency to view the practice of law as a business, a commercial enterprise in which the emphasis is on the billable hour and the bottom line. In a day in which even a small firm can have an astounding overhead, there is tremendous pressure to bring in fees. With the number of lawyers increasing faster than the population and faster than the growth of the economy, there is a substantial increase in the competition for the available clientele. This level of competition, which has resulted in chapters of yellow page ads and letters to people who are injured or arrested, results in crass commercialism, not the spirit of a learned profession. The kinds of tactics which have epitomized the increase in incivility have been called hardball, scorched earth and Rambo tactics.
Clients often speak of wanting the meanest, most aggressive lawyer they can find.
They have seen the Rambo movies and Magnum Force, starring Client Eastwood. The heroes of these movies have always come out on top. They not only win their battles, they have the respect of all those around them. Civility has little chance in that arena. More often, however, such tactics simply cause delay and divisiveness, increase expense, and waste judicial resources.