Civility in Domestic Relations Cases
Civility is deeply rooted in the ethical practice of law. In domestic relations proceedings, whether it be a divorce or parentage case, emotions can run high, which can create animosity and result in untoward behavior.
What is Civility?
Many people have heard the phrase “be civil” and can understand generally what civil behavior entails. To be civil means to be courteous and polite. This definition is semi-applicable in the law. Politeness and civility are often conflated but are not the same. Civility entails behavior that is respectful but does not always mean being polite.
Attorneys and Duty of Civility
Pursuant to Article VIII of the Illinois Rules of Professional Conduct, all lawyers have an obligation to zealously “protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.” In addition to the obligation to advocate for a client, this provision imposes on all attorneys in the state of Illinois the obligation to treat all parties in a matter with civility. This duty of civility extends not only to clients, but also to judges, opposing counsels, and all other individuals engaged in the matter.
Cook County Local Court Rule 13.11 states that lawyers as well as self-represented litigants shall “treat the court, opposing counsel, and witnesses in civil and courteous manner, not only in court, but also in all written and oral communications.” Rule 13.11 also states that a lawyer “shall not abuse or engage in offensive conduct or do any acts that may contribute to hostility or acrimony between the parties or others related to the pending action.” Lawyers have a duty to act with civility while simultaneously not engaging in conduct that may contribute to hostility.
There are countless television shows that depict opposing counsel as hostile towards each other. While there is a time and a place to be aggressive, it is not always in the client’s best interests for their attorney to be difficult. Please see our article, Finding an Attorney with Aggression and Compassion, linked here. For example, if one party requests an extension for their time to respond to a pleading filed, and there is no genuine reason why this should not be granted, an attorney acting with civility would grant the extension.
In domestic relations proceedings, some examples of civility are as follows:
Maintaining honesty, especially when it comes to representations to the court and in pleadings;
Communicating with opposing counsel in a respectful manner;
Allowing some extensions to discovery or other court deadlines where appropriate and where it would not prejudice your client; and,
Following procedural and ethical rules.
Displaying civility does not mean that an attorney is weak. Instead, displays of civility illustrate that the attorney is abiding by the Code of Professional Conduct and can protect your best interest in moving the case along and keeping things amicable while minimizing litigation.
Lawyers should work for the best outcome for their client, this includes facilitating and maintaining civility in the relationship with the opposing side to the appropriate extent. In domestic relations cases it is important to show civility because the subject matter can be rather sensitive. It is crucial to build a team of professionals that act within your best interests and keep themselves removed from the emotions associated with the case.
Behavior that displays a lack of civility can be subject to warrant a complaint against an attorney, either through the ARDC or through a motion for sanctions being filed in the present case. The Attorney Registration & Disciplinary Commission (ARDC) investigates complaints made against lawyers for improper behavior in the legal profession. If the ARDC finds the alleged conduct to be true, the Supreme Court of Illinois decides if a lawyer should be disciplined. If an attorney brings a motion for sanctions for uncivil conduct in the divorce or parentage proceedings, the court may take direct action to require the attorney or opposing party, whoever is engaging in the behavior, to refrain from certain behavior or even sometimes be ordered to pay the complaining party’s attorney fees.
Civility is amongst the most important core values in the legal field. It is important to work with an attorney who not only treats you with civility but also treats opposing counsel and other individuals involved in the legal matter with civility. The Law Office of Erin M. Wilson is here to help you navigate the legal system in an appropriate manner. Contact The Law Office of Erin M. Wilson LLC to schedule a consultation at 312- 767- 4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.