Yesterday was a sobering reminder of what is so wrong in American society today. The murder of conservative operative Charlie Kirk because of his political beliefs runs so contrary to who and what we should strive to be as a nation. As we should know by now, this kind of violence has its beginning in uncivil discourse.
Today I share with you words I wrote almost five years ago and included in my most recent book, New Lawyer Launch: the Handbook for Young Lawyers (Full Court Press, 2022). Although these words are directed at young lawyers, they have a much broader application throughout our society.
“At one time, respect and decency and honorable behavior were givens in the law profession. This no longer is true today. A fever of disrespect and indecency has seeped into our society and institutions, and it is infecting the legal profession. The manifestations of this fever are name-calling, derision, intimidation, bullying, distortion of the truth, and a lack of caring about the welfare of others. Too many lawyers have abandoned their professional responsibilities and become part of a broader societal problem. Some call it “cancel culture” and some call it just plain wrong.”
“Civil discourse especially has declined in recent years in the law profession. Lawyers relish in disagreement and abusive and unprofessional language to describe colleagues, parties to disputes, opposing counsel, and others who do not agree with them, and willingness to compromise seems to be at an all-time low.”
“I have been writing about decency and its importance to the honorable practice of law for almost a decade. Never, however, has that subject seemed more important and relevant to me than it does today. My 2020 ABA Journal column “The Power of Decency in the Legal Profession” includes an expanded discussion of this endemic problem, and my earlier 2016 article in Corporate Counsel addressed the toxicity of the law profession that existed then and carries over in many legal settings today.”
Although these articles were written years ago, I believe that they have even greater application today. The views expressed there also are expressed eloquently in a Substack article today by Honorable Patrick J. Murphy which I also recommend to you. In that article, Mr. Murphy writes specifically about the assassination of Charlie Kirk and the imperative need to turn down the temperature of our dialogue and increase our tolerance for opposing beliefs.
Civility should be the goal for all lawyers and the broader population as well. It is important that we demonstrate respect, dignity, and civil discourse in our disagreements and debates because the public is watching us, judging us, and emulating our behavior and conduct.
The failure to rise to this goal is a large part of what has lead to the frightening and toxic state of our society today, as exemplified by the events of yesterday and the far too many other senseless acts of violence in recent years. We must put a stop to the underlying erosion of civil discourse while we still can.
I urge all Americans to prioritize accomplishing this goal.
