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. Enlightened lawyers hold the view that courteous behavior is not a sign of weakness, but is consistent with forceful and effective advocacy. The spirit of cooperation and civility does not simply foster collegiality of the Bar, although that is a welcome side effect, but also promotes justice and efficiency in our legal system. There is a great difference between being aggressive and forceful and being mean and obnoxious. Perhaps one of the causes of the decline in civility is that we have confused the concepts, and, in doing so, have not only undermined the collegiality of the bar, but greatly damaged our effectiveness as advocates.