The Texas Day of Civility in the Law
A day to remember our constant obligation to practice civility in the law.
Written by Kathy S. Mills
The
Texas Day of Civility in the Law is proclaimed! What now?
The first step is acknowledging that civility does not denote defeat or
victory; rather it embodies the very process by which great lawyers
perform their work. With this foundation, one may celebrate the day
through reflection, promotion, education, involvement, or simply by
committing to focus on civility.
Reflect on your experiences. On the Texas Day of Civility, on
September 17, reflect on your experience with the concept of civility
and contemplate the applicable adages “no one’s perfect” and “it is
always the right time to do the right thing.” Upon reflection, you will
likely conclude that you and others fail at civility from time to time.
When you or someone you are dealing with fails to be civil, the best
thing to do is acknowledge it and move forward with renewed commitment.
An extraordinary aspect of civility is that one’s commitment to the
concept does not hinge on others’ action or inaction; you may begin
implementing civility at any time. Let this reflection guide your desire
to promote civility in a forward-thinking way.
Promote civility in the “virtual world.” Civility shall extend
to “virtual” interactions; the concept is not limited by time or place.
As we adapt to changing technology, the concepts of civility too have
adapted. For example, civility comes easier in some ways, as
conversations held in virtual forums are necessarily slower, with less
“talking over” others. Civility in virtual proceedings is also more
difficult in certain regards, as polite side-conversations are nearly
impossible, hand shaking non-existent, and friendly smiles are hard to
direct. Regardless of ease or existence of challenges, on the Texas Day
of Civility, commit to promoting civility both in-person and remotely.
Get Involved. Many local bars are excitedly planning in-person
and virtual programs. All are encouraged to attend these programs with
an open mind, so we may all engage in an important dialogue on
continuing efforts to maintain and enhance civility in our profession.
If your local bar is not planning a formal event, consider holding an
informal reading of the Texas Lawyer’s Creed, posting it online, or
simply sending an email reminding others to act with civility to
preserve our system of justice, as urged in the final paragraph of the
proclamation.
Become better informed. Reading and reflecting on the proclamation
of this celebrated day serves as a solid starting point; additionally,
the proclamation
repeatedly points to one other document that lawyers are urged to
re-read, the Texas Lawyer’s Creed. While the Texas Disciplinary Rules
set out enforceable ways in which we must practice law, the creed is
chock-full of tidbits on how, when, and to whom our civility must be
extended. To participate in the spirit of the Texas Day of Civility
fully, lawyers should re-read and re-affirm a commitment to the Texas
Lawyer’s Creed.
In conclusion, like many of you, I see countless articles and news
stories complaining of the decline of civility in the law and in
general. As an idealistic, ever hopeful, “young” lawyer, I suggest that
we are just as civil as we ever were, and we have simply begun paying
greater attention to our failings. Whether you believe civility is on
the rise or the decline, may the Texas Day of Civility in the Law serve
as a reminder of our constant obligation to practice civility in the
law.TBJ
KATHY S. MILLS
serves as the clerk of the court for the 13th Court of Appeals in
Corpus Christi. Prior to her appointment, she was the second assistant
district attorney and child crimes prosecutor for the Nueces County
District Attorney’s Office. Mills’ passion for civility in the law
drives her service as a member of the State Bar of Texas Professionalism
Committee.
