Incivility is a difficult problem. The difficult begins with a definition. Sometimes a third party cannot tell whether a lawyer s conduct is uncivil, or merely firm advocacy. On the other hand, most lawyers are well able to recognize incivility when they see it. While this committee and other bodies, both within and without the Bar, struggle with how to improve civility, a few modest suggestions seem to be in order.
First civility begins at home.
Begin each day by dedicating yourself to the idea that you are going to be civil in your dealings with others. Many people fail to understand that you can be civil and still be an effective advocate. Examples of Utah lawyers who are unfailingly civil, but who have never been accused of failing to strongly and effectively advocate their client s position, come easily to mind. Among those are Steve Nebeker, Gordon Roberts, and Carman Kipp. Being civil works.