Guest Opinion: The incivility crisis within the legal profession
by Kimball Dean Parker
Several years ago, I helped a friend and mentor wrap up his business affairs as he struggled with an aggressive form of dementia. He could no longer understand his situation fully or make independent decisions. And his family asked me to help.
One of the issues I helped with was a lingering legal situation regarding the business he founded. And I worked with my friendâs attorney to settle the dispute. As the matter was wrapping up, an attorney representing the other side wrote an email accusing my friend of faking his dementia. The tone was mocking and he included several other offensive and untrue accusations. That message found its way to me and my friendâs wife in an email chain that contained the settlement details. It was one of the cruelest statements I have ever witnessed and it caused considerable pain to the family.
When I asked my friendâs lawyer about the accusation, he let me know that the attorney exhibited this type of behavior throughout the lawsuit. And I have since learned that this lawyer has a long-standing reputation for incivility.
As a former litigator myself, the attorneyâs conduct was offensive and hurtful, but it was not surprising. Nor was the firmâs lack of a response. The legal profession has a long-standing, festering issue with incivility, especially within litigation. In my short legal career, I witnessed judges demean and belittle attorneys arguing a case. Iâve been in depositions when attorneys have yelled and screamed at witnesses and opposing counsel. Iâve seen law firm partners mistreat and harass younger attorneys. And Iâve read outrageous accusations and threats in email correspondences. Any litigator can regale you with stories of inappropriate and unethical behavior from opposing counsel (and colleagues). It has become an accepted and regrettable part of the practice of law. And it has driven several people I know away from the profession altogether....(Read More)
News Releases
UVU First Gentleman Jeffrey S. Tolk passes away
Utah Valley University shared the following with its campus community today.
âIt is with deep sadness that we share the passing of Jeffrey S. Tolk, husband of President Astrid Tuminez and First Gentleman of Utah Valley University. We will miss him more than words can express.
âDuring this time, we are asking for privacy for President Tuminez and her family. We will share more information about the funeral services when it is available. If you would like to share your condolences or memories, please visit uvu.edu/president/meet.
.png?width=1200&upscale=true&name=Utah_Policy_Logo_Email_Full%20(1).png){kind=logo}
