Legal Ethics: A More Civil Way to Practice Law

By: Craig S. Brodsky | 1.13.25 | Media

My new favorite judge is The Honorable R. David Proctor, chief U.S. district judge for the Northern District of Alabama. I love his Nov. 26, 2024 order granting an Opposed Motion Extension of Time to respond to a complaint.

Plaintiff’s counsel would not agree to the extension if the defendant wanted to file a motion to dismiss. Because of this condition, defense counsel filed the opposed motion, citing in part the upcoming Thanksgiving holiday. Proctor promptly granted the extension.

His order went viral. Why? In addition to granting the extension, he ordered the lawyers to go to lunch to discuss how they could act professionally throughout the case. He directed plaintiff’s counsel to pay, and he required defense counsel to leave the tip. He set a year-end deadline for the lawyers to have lunch. He asked that they report back to the court.

To me, the most striking part of Proctor’s order was his observation that litigators fail to follow the golden rule of “do onto others…” He posits that today’s litigators go too far to gain a strategic advantage, rather than focusing on the issues and merits. I, too, have seen this trend: lawyers employing gamesmanship over common courtesies.

From an ethics perspective, there is a tension between some of the rules. For example, the rules cover our professional obligations to our clients, such as Rule 19-301.2 (Scope of Representation and Allocation of Authority), 19-301.3 (Diligence) and 19-301.4 (Communication), demand zealousness and unfettered loyalty.

Meanwhile, the rules that address obligations to third persons and the court, like Rule 19-303.4 (Fairness to Opposing Party and Attorney) and 19-304.4 (Respect for Rights of Third Persons) require us to respect the rights of others.

We’ve all been there. Parties can be at odds, and emotions can run hot. A litigant may demand a take-no-prisoners type of approach, and being friendly with the other lawyer can be seen as sleeping with the enemy. It isn’t the best approach.

Litigation is hard. Trials are stressful. There is a lot at stake. We should cut each other a bit of a break. That is my hope, at least, for the new year — that we get back to the practice which Proctor remembers. A more civil way to practice.

In closing, I’d like to thank my former partner, Carrie Williams, and congratulate her on her appointment as deputy attorney general. Carrie is the most civil, yet convincing, writer I know. Gov. Wes Moore and the citizens of Maryland are lucky to have you.

Craig Brodsky - Blog-HeadshotCraig Brodsky is a partner with Goodell, DeVries, Leech & Dann LLP in Baltimore. For over 25 years, he has represented attorneys in disciplinary cases and legal malpractice cases, and he has served as ethics counsel to numerous clients. His Legal Ethics column appears monthly in The Daily Record. He can be reached at csb@gdldlaw.com.

This article originally appeared in The Daily Record on January 9, 2025.

 


Goodell DeVries defends various professionals in Maryland, the District of Columbia, and Virginia, including lawyers and law firms. Many of these cases are ethics matters involving Bar Counsel. If you have questions about the above or are a Maryland lawyer facing discipline, please contact us at EthicsHelp@gdldlaw.com.