In a high-stress, deadline-driven profession, lawyers are increasingly uncivil toward each other, legal experts say—except for one group: family law attorneys.

Incivility is so rampant in the profession, it's become a hot topic at legal conferences and discussions within the American Bar Association. But one group of lawyers seems to be getting it right.

"Being a jerk in family law can lose you business," said Oakland, California-based solo practitioner Fred Hertz.

The nature, sensitivity and sometimes lasting consequences of family law disputes make it essential for practitioners to keep a level head to counter their clients' often impassioned states.

"In family law, there are some lawyers who work very hard to have a more collaborative, problem-solving approach," said Leslie Levin, University of Connecticut School of Law  professor. "In personal injury cases, lawyers can be more contentious."

|

'Pattern of Being Unhelpful'

Hertz, a family law attorney who has also worked in civil law, agreed.

"I've seen both sides, and there is a dramatic difference," he said.

Another reason for these lawyers' politeness and consideration: Family law is an especially close-knit practice area, with attorneys typically socializing in small circles, and often encountering each other daily in professional settings, Hertz said. They're unlike other groups that might never see opposing counsel again.

"There is a culture of shunning of lawyers in family law that are considered uncivil," Hertz said. "People won't make referrals to them."

In other words, being less civil in family law "could affect an attorney's bottom line," he added.

This creates a different culture than in other practice areas, where rather than hurting business, aggression among litigators can create an advantage.

"In personal injury law, there is a sense that the other side is the enemy," said Hertz, who's been an attorney for 37 years. "Personal injury plaintiffs and defense counsel are often in camps. There is a belief that being difficult in personal injury law is helpful to a client. For example, an attorney not turning over documents, not returning phone calls, or not showing up for a meeting" with opposing counsel.

Hertz, who is also a mediator, said he's seen in his mediation work that "lots of commercial and personal injury attorneys are consistently inconsiderate."

"They have a pattern of being unhelpful," he said.

|

In Defense of PI Lawyers

Personal injury lawyers applaud the congeniality of family law attorneys, but suggest a comparison of the two practice areas requires more context.

Longtime New London-based personal injury attorney Robert Reardon, for instance, says there is truth to the criticism, but much of the contentiousness on the part of personal injury lawyers can be traced to changes to the system in which they practice.

"There is extensive discovery that is largely unnecessary by the defense in personal injury cases that had not been undertaken 20 or 30 years ago, and that inevitably delays the trial of a case," said Reardon of The Reardon Law Firm. "Those delays cause frustration for the litigants, both plaintiff and defense, because they both want their cases to be over with."

Reardon, an attorney for 49 years, said he's seen an overall decline in civility within the profession, and that "the system, in its entirety, has become less civil."

"The judiciary is more reluctant to enforce the rules regarding conduct of lawyers than they used to," he said. "The principal reason is they are overwhelmed. Everyone involved in the discipline of lawyers is overwhelmed by the workload."

Plus, Reardon said, what might seem to be contentious behavior is often exasperation over the slow pace of litigation.

"The judges are often unable to address discovery matters in a timely fashion, and that has caused lawyers to be frustrated and have acrimony," Reardon said. "Judges are also overwhelmed. I've felt for a long time that judges are underpaid, and the judiciary is underpaid and understaffed."

|

From Trusted Guide to Service Provider

New London-based Geraghty & Bonnano attorney Mark Dubois, Connecticut's former chief disciplinary counsel, says he's seen this uncivil behavior from contentious attorneys up close. And it's getting worse, he said.

"I think stress is a part of it. I also think the political climate reflects a coarsening of social discourse in many arenas," Dubois said. "It used to be that a lawyer was a trusted guide and adviser, but now in many instances, they are just a service provider."

Dubois continued: "I've been involved in the lawyer-discipline end for 16-plus years, and lawyers today are more likely to send angry letters or file complaints, instead of just picking up the phone and talking it out."

Read more: