Juxtaposing Robert Goldman's April 22, 2019 perspective “Where's the Zeal?” next to Susan Desantis' April 23, 2019 article, “NY State Bar Tells Lawyers: Play Nicely” I tend to agree with NYSBA President Michael Miller's statement that “zealous advocacy and civility are not incompatible.” We can disagree without being disagreeable. We can strongly advocate our client's positions without personally attacking the motives or tactics of our adversary.

For some twenty-seven years, I was the Greene County public defender. My “zealous” defense of indigent clients, and in particular state prison inmates often accused of assaulting correction officers caused some county legislators to oppose my annual reappointment. I was told by some legislators that my office was supposed to do “only an adequate job.” Instead, my office was providing “Cadillac defenses.” “Only an adequate defense” was intended by these legislators to mean the bare minimum. I was able to hand out copies of the canons of ethics, which included the “zealously represent” the client. I asked them which one of them would like their surgeon to do only an adequate job; which automobile mechanic should do “only an adequate job” repairing their car?

Removing “zealous representation” is the wrong solution to the incivility of some lawyers. If some lawyers are uncivil to their counterpart, they should not be able to justify their uncivil behavior by claiming zealous representation.

Those who can amend the lawyer responsibility code should reinstate zealous representation to its rightful place. They should also better monitor and have trial level Judges address uncivil behavior.

Greg Lubow is the former Greene County public defender.