The following are issues that the mentor and mentee might consider discussing regarding strategies to manage incivility.
- Share with the new lawyer an example of how you handled an uncivil lawyer and how the difficult relationship affected the representation.
- Identify characteristics of uncivil lawyers of which the new lawyer should be aware.
- Provide suggestions of the best and most professional ways to address areas where incivility commonly occurs: depositions, interrogatories and document requests, scheduling, continuances and extensions of time.
- Discuss how to handle disrespect, bad faith, accusations, name-calling, and claims that are baseless.
- Discuss the value of alternative dispute resolution processes. How might ADR processes reduce the likelihood of incivility? How might training in ADR methods help a lawyer better avoid incivility?
Russell Carparelli, How to Manage Conflict and Increase Civility: The Skills Not Taught, 42 Colo. Law. 63 (Oct. 2013).
Colorado Attorney Mentoring Program (CAMP) Mentoring Resource Center can be found on the CAMP website,https://coloradomentoring.org/mentoring-resources/mentoring-literature.
Colorado Bar Association Professionalism Coordinating Councils at the CBA Website, http://www.cobar.org/index.cfm/ID/20094/CCRL/Professionalism-Coordinating-Council/.